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I habitable unit I'm currently living in a basement that is…

Customer Question
I habitable unit I'm...

I habitable unit I'm currently living in a basement that is unfinished some of the drywall isn't cut up there's no smoke detectors or carbon detectors it's concrete flooring no Heating and I had the ability to go in the main house to be able to cook but the landlord has actually locked me out

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I was supposed to write a room upstairs the rental agreement was never signed because there was facts on there that was not correct and I asked her to fix them and I would sign it but there was no verbal agreement as far as basement and finishing up I'm not sure if there's like paint here I know that there's mold here

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Rent a room

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 8 hours by:
12/17/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 20,618
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am sorry to read about your difficulties.

I have carefully reviewed your post. However, I did not see a specific question. What is your specific question?

Have you reported the Landlord to the City's Sanitary Department?

Why did the Landlord lock you out?

Thank you for your cooperation,

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Customer reply replied 2 months ago
I'm not sure why she locked me out I did pay her October's rent and she waited till November to file an unlawful detainer. She has also told the post officer that i didnt live here anymore. I have reported her to the postmaster in Sacramento
Customer reply replied 2 months ago
I have felt ive answered all your questions is there something that I missed
Customer reply replied 2 months ago
What does the law state regarding habitables rentals units
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Thank you for the information.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

If your unit is not habitable, the Landlord is not entitled to any rent. So, the Landlord must return all rent paid.

You need to make a demand for refund. If your demand is ignored, then you need to file lawsuit against the Landlord to recover the rents paid. If your claim is $10,000.00 or less, you can file the lawsuit in Small Claims Session. Click here for Small Claims forms and instructions.

You need to contact your City Hall and ask to be transferred to the Sanitary Department/Inspectional Services Department so that you can report your Landlord. The Inspectional Servicess Department would send code enforcement Officer to go to the premises and inspect the place and issue citation to the Landlord.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Customer reply replied 2 months ago
Thank you for ypur advice. I will rate your proformance as A1
Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Kindly use the popup screen to give your 5-star rating.

Thank you!

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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).

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