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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5735
Experience:  20 years professional experience
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I live in a luxury gh-rise apartment in Koreatown. I put in

Customer Question

I live in a luxury high-rise apartment in Koreatown. I put in for a transfer to another unit for the beautiful view of downtown Los Angeles. After 12 hours of moving my belongings from one unit to the other I fell asleep. Later the first night I went to the refrigerator for a drink to find roach infestation. All of my personal belongings are in the unit and the landlord agree to clean my clothes and clean the unit. After reviewing the amount of clothes that I own he ,refused to pay for the cleaning of my clothes. He sent a janitor to go through all of my things to shake them to determine whether or not there was roaches in my bag. The janitor determined that there was no roaches or at feces in my many bags. He only wants to Pay for pest-control after-the-fact. I inspected the bag to determine that there were live roaches in three of the bags. So I want my clothes laundry before I wear them! Can the landlord or my homeowners insurance be responsible for the cleaning and or replacement of my personal property that has been infested with many roaches? It has been 13 days since I've notified him of this crisis and I was informed to not remove any of my property for fear of infesting A Nother unit. I "do not be concerned with the process we will take care of it" They have accommodated me with the unit on the ninth floor! I am not satisfied with this unit the view is of the roof tops and parking lot I pay a lot of money to live here and this is not what I signed up for. Today the leasing agent told me that she had rented out my apartment! My concern all of my property is there, I have a contract , and the unit is not habitable!Please advise.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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ANSWER: Your homeowner's insurance will probably have an exclusion that does not cover this type of situation as this appears to be the negligence of the landlord; but there is no way to tell unless you read the policy or make a claim. As far as the LL is concerned, he does have a duty to provide you with a habitable unit and if he does not, then he is responsible for any damages caused by his neglect. California Civil Code section 1941 states that when a landlord rents property to a tenant as a place to live, the property must be in a "habitable" condition. "Habitable" means fit to live in. Section 1941 also states that the landlord must repair problems that make the property uninhabitable except for problems caused by the tenant.

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