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legalgems, attorney
Category: Landlord-Tenant
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Is my lanlord responsible for moving me when there is

Customer Question

is my lanlord responsible for moving me when there is construction in the unit above me which could cause damage in the unit
i also have a rent increase coming next month yet i being ask to deal this situation until may of which none of this was in my lease.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 9 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 9 months ago.

What state is this in regards ***** *****?

Customer: replied 9 months ago.
Marina del rey
Expert:  legalgems replied 9 months ago.

Thank you I am still working on a response. It should be completed in about 5 minutes. Thank you.

Expert:  legalgems replied 9 months ago.

Thank you for your patience.

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

This is rarely used for situations outside the landlord's control (ie neighbors that are not tenants) but is quite frequently used for situations within the landlord's control (ie construction on site, noisy tenants, etc).

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 9 months ago.

I'm sorry; I realized my complete response did not go through; if you have further questions please post here -

but when there is constructive eviction due to the breach of the implied warranty, the landlord can be held responsible for all economic costs incurred by tenant that is reasonably foreseeable and proximately caused by the landlord's action/failure to act;

so for example, moving costs, and any increase in rent for the duration of the lease is what the tenant typically requests as compensastory damages from the court.


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