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MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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What is the name of your state (only U.S. law) California. My

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What is the name of your state (only U.S. law)? California.
My wife and I had our gas shut off by the utility when they discovered multiple leaks around several appliances, as well as several code violations related to this. The landlord put us up in a motel, and called a repair company the next day. They claimed multiple leaks found in the gas lines under the house, and have replaced the entire system. We have been out of the house for two weeks now, and although the landlord has paid for our lodging, my wife has lost work production time due to inhabitability of the unit, where she works, and we have been deprived of our residence. We are now seeking to give 30 days notice on the 3rd of January, and refuse to pay for the month, given as we were displaced for two weeks. I know she can give us a 3 day notice to quit, but I think that the fact that we were subject to recent deprivation, plus previous exposure to natural gas, and the landlords failure to perform yearly inspections have contributed to this. Any advice on if this approach is good.
Submitted: 5 years ago.
Category: Legal
Expert:  MShore replied 5 years ago.
Thank you for the post, is the problem with the gas completely cured?
Customer: replied 5 years ago.
Not yet, it is supposed to be inspected on Monday, and if it passes, the problem will be cured, except I will call in the utility company to check for leaks. As I understand the law, she can serve a 3 day notice to quit, but cannot immediately take possesion of the rental. This must be resolved in superior court. What do you think?
Expert:  MShore replied 5 years ago.
Thank you, XXXXX XXXXX problem is completely cured you would not have a basis to terminate the lease because the landlord paid for your temporary housing and the tenancy can continue in the leased property. However, if it is true the negligence in maintaining the property gave rise to the gas issue and there is good faith basis to believe other defects are present, then you can base your termination of the tenancy on such negligence and the resultant likelihood of other interruptions in your ability to quietly enjoy the property.
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