Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Welcome and thank you for your question. I will be the professional that will be assisting you.
the landlord is required to maintain the rental property in a sanitary and habitable condition.
Did the landlord take any steps to rectify the situation?
Are you on line with me?
Sorry the site did not show on line. Thank you for the clarification. That is disgusting and I am sorry that you had to deal with the situation.
You can certainly bring an action against the landlord. The court will look at whether he did anything to rectify the situation.
It sounds as though he made a lame attempt to deal with the situation.
Under California Civil Code §1942, you have the right to sue for damages
Yes, small claims would be ideal for this type of matter.
This is a great link if you are not already familiar with it
The roaches caused a "constructive eviction" forcing you to move.
forcing the necessity to relocate
The suit you will file is a breach of the warranty of habitability
It is just informational.
This is a link for small claims court self help information
The site provides forms and links
The above link assists you through the process
Do you have any additional questions for me?
I hope so. You can never tell with a judge.
Thank you for using JA! We appreciate your business. Please feel free to return to this question at any time to ask me any follow up questions that you may have with regard to this matter.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).