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Juliana, Attorney
Category: Legal
Satisfied Customers: 1651
Experience:  23 years of experience; former prosecutor, magistrate, child support attorney
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my land lord rented me house and told me the heater work it

Customer Question

my land lord rented me house and told me the heater work it was leaking gas an carbinoxcide bath tub has black mold cause my 4-year old to end up in the hospital because the house was so cold she caught amonya an she need surgery the floor in the bath room is sinking the lights go out every night i have to trun the breaker on and off 12-times at least a night can you please help me
Submitted: 6 years ago.
Category: Legal
Expert:  Juliana replied 6 years ago.



Thanks you for using Just Answer. Before we can assist you, could you please tell us what state you're located in? Landlord-tenant law is fairly consistent from one state to another, but there are some differences.



Customer: replied 6 years ago.
ca what more do you need
Expert:  Juliana replied 6 years ago.



Thanks for the additional information.


In California, a landlord is responsible for providing the tenant with a rental unit that is fit to live in, or habitable. The law is very specific about what types of situations make a unit uninhabitable. Relating this to your specific situation, the courts have determined that the floors must be in good repair, the electrical system must be in good working order, and there must not be mold conditions that affect the health and safety of the tenant.


Under California law, if the landlord doesn't make the repairs in a reasonable amount of time, a tenant can use the "repair and deduct" remedy, which allows him/her to deduct money from the rent, up to the amount of one month's rent, to pay for repairs to the defects in the rental unit.


A second option, if the repairs will cost more than one month's rent, is for the tenant to abandon the rental unit. A third remedy is rent withholding, which allows the tenant to withhold some or all of the rent if the landlord does not provide a habitable unit for the tenant to live in. There are specific steps that the tenant must take in each of these situations, for example, with respect to the notice that is required to be given by the tenant to the landlord.


Here is a link to a publication by the California Department of Consumer Affairs that provides more detailed information about these various remedies that you can use in your situation, since they are too lengthy for me to write about in this post.


Good luck, and hope this helps.






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