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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10215
Experience:  Civil litigation attorney for individuals and businesses.
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Hello first of all I would like to thank you for your time.

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Hello first of all I would like to thank you for your time. My concern is that my landlord has not been fixing any issues that the home has had and because of his negligence we were force to move out because the house became a bio hazard for my new born child and us as well. I was wondering if there was any action I could take against him legally. He also had several of his things I the house and never took them out making me spend money on a storage locker due to his lack of action when we repeatedly ask him to. Is there any advice you could give me please?
Dear Customer,

My apologies for the delay in your answer, this sometimes happens due to a need to properly address your issues.

The relative code sections for your issue can be found here:

Problem 1: The landlord has a duty to deliver full possession of the unit upon the the tenant's occupancy of the unit. Code Sec. 117. If your landlord failed to turn over possession, this was a breach of the statute and the landlord will be liable to you for the costs associated with the breach (storage etc.). See Code Sec. 120 with a full list of your right to damages for this failure to deliver.

Problem 2: You identify the issue of a "biohazard" I do not know the specifics of your issue, but the landlord is required to maintain a "habitable" living unit. This is the "implied warranty of habitability" that attaches to every residential tenancy in the country. If there is a dangerous condition that makes the living unit untenable, and the landlord does not correct the problem in a "reasonable time" (usually 7 days, but this varies based on circumstances), the tenant has the right to withhold rent until the problem is fixed. Similarly, as with other failures to fix, if the landlord fails to correct or fix the problem in a reasonable amount of time, the tenant has the right to terminate the rental contract without penalty. See Code Sec. 121 for your full set of rights due to the landlord's failure to repair the defects in the living unit.

Given the situation as you have described it, you have many rights and remedies, including rights to recover rent based on the failure of the landlord to comply with these statutes. I would advise carefully reading this section of the residential landlord tenant act as it has a lot of information for you to decide whether or not you wish to pursue your rights in court. If you do decide to pursue this matter, you can do so in small claims court:

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

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