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I have a question about Los Angeles tenant rights and the…

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I have a question about Los Angeles tenant rights and the right to withhold rent

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

Ca

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

It started with the elevator Breaking the day after I moved in to the building. It was left not working for over two months but they finally fixed it . It may not seem like that big of a deal but I am newly disabled and had to climb an additional 800 stairs a day which only further my injury . The elevator was fixed at 2 months later. With the elevator being broken so was the call box at the front door was not working and which made it impossible for packages to arrive deliver you meant you buzzed in and guests to call their

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

It’s been over three months now and the buzzer at the front still not working I’ve lost mail packages deliveries and my guests continue to show up and don’t have any way of reaching me because the cell service is so bad in this area

Submitted: 5 months ago.Category: Landlord-Tenant
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Answered in 8 minutes by:
1/3/2018
Lawyer: barristerinky, Attorney replied 5 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,045
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

In CA in order for a tenant to be able to withhold rent, there have to be issues with the actual dwelling that affect the habitability of it and the tenant has to have notified the landlord in writing (preferably certified mail) and the landlord hasn't fixed the problem within a reasonable time.

.

The elevator, while inconvenient, wouldn't affect the actual habitability of the apartment.. It affected your ease of access, but not the actual space where you resided. The call button is a similar issue... it is a pain, but it doesn't affect your dwelling like not having heat, or water, or smoke alarms, etc.

.

With that said, if you rented the dwelling with the representation that the call buzzer worked (I understand your comments to mean they have finally fixed the elevator) then you could send the landlord a certified letter regarding the problem and request that they make repairs or you will take legal action under a breach of contract claim.

.

That may be enough to get them to have someone out to fix the buzzer but if not, you may have to actually file suit in small claims court to get a judgment against them to force them to make repairs to the call buzzer.

.

.

thanks

Barrister

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Lawyer: barristerinky, Attorney replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 5 months ago
I understand what you mean about the elevator and call Button are a pain but don’t affect the actual habitability of the apartment but I’m confused about disabled tenants and their rights. Shortly before moving into this building I had a large part of my left foot amputated.when I moved into the building my foot was starting to get better but then add climbing up4 flights of stairs 8-10 (close to 1000 extra stairs) times a day and My Injury is worse. Some days I could barely get out of bed due to the pain and wouldn’t be able to even walk by dogs. I ended up having to hire dog walkers and professional movers which left me broke. Even though the elevator is fixed I have repeatedly lost mail/packages and grocery deliveries. All my Christmas presents are missing bc ups claims they were delivered but how can they deliver to a building they can’t even gain entry to??? What if I was wheel chair bound and on a very fixed income? Then what? My foot is still causing me excruciating pain and just this morning I missed out of my food delivery for the week bc they couldn’t reach me on the non working call box.
Lawyer: barristerinky, Attorney replied 5 months ago

I realize it is a lousy outcome here, but the landlord only has a legal duty to provide a dwelling that meets all local building and safety codes, that is it. So it may seem harsh, but the time to call the city Code Enforcement office was when the elevator was not functioning and threaten the landlord with a lawsuit for breach of contract and maybe even an ADA violation, not wait until they actually had it fixed..

.

As for any packages, it is the delivery company's duty to make sure that packages/deliveries get to the intended recipient, or at the very least, signed off by someone who can then later be held accountable. So if UPS lost a bunch of stuff or got it stolen, that is on them and they are liable.. Groceries.... the person delivering them should have contacted you to let you know when they would be there so you could arrange to meet them or have someone do so..

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