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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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I have been renting a house in Torrance ten years.

Customer Question

I have been renting a house in Torrance for over ten years. Last month there was flooding in the house caused by the washing machine hose bursting. It caused quite a bit of damage to the floors - buckled the wood floors. tile broken in kitchen and damage to the walls. My landlord said he would take care of it. I was relived to hear that and continued to live in the house with the damage. Now he has given me a 60 day notice to move out.
I don't feel I should have to pay for the months I am given to move out. Since the living conditions are unfit. Please advise.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question. Please permit me to assist you with your concerns.
I can understand your position and sympathize. However that is not how the courts would see it. If you find that the premises are 'unfit' and uninhabitable, you are free to move out and claim that you were 'constructively evicted' from the premises. You can then stop paying rent once out of the premises. But if you are still on premises and are residing there, you must pay rent for that period of time--you cannot legally have it both ways by both living on premises, and not paying for it. Now, you can take him to court and seek a lowering of your rental amount based on percentage of your loss of use of space, but you cannot simply stop paying outright.
Dimitry, Esq.

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