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What are the elements That must be included in a letter to…

Second opinion] What are the...
Second opinion] What are the elements That must be included in a letter to landlords of repairs that must be made for habitability of a rental property? I have mold and chemicals that have invaded my house and doctors have told me not to live there nor to re-expose my lungs to the chemicals. What will stand up in court?
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Answered in 9 hours by:
3/12/2018
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,711
Experience: Just Answer consultant at Self employed
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Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

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A comprehensive letter detailing the specifics of the situation such as any information as to how the mold became an issue (ie if for example it was the result of a leaky roof and the landlord failed to rectify the leak, the letter would state that, along with the date the leak was first noticed, and the dates the tenant notified the landlord (and copies of such letters if applicable)).

It also helps to have a third party professional's estimate as to:

1. the cause of the issue

2. the monetary cost to rectify

3. an assessment as to the risk to health

4. a statement as to whether the unit is habitable.

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Customer reply replied 4 months ago
would it be better to have a mold remediation company come and find the cause leaving the work half done? Then submit a report of findings? It sounds like I am required to find it the actual source of the water leaks because of the mold to grow
Customer reply replied 4 months ago
I am typing on my little phone with my times, so I switched it to dictating, and it never seems to understand me. I’m sorry for the bad wording above
Customer reply replied 4 months ago
thumbs not times.
Customer reply replied 4 months ago
Where would I get a statement as to whether the unit is habitable?
Customer reply replied 4 months ago
Do I warn the diss honest management supervisor that I am about to hire a certified mold remedium Asian company to come out and to discover the source of the water leakage that caused the mold in the basement? Yet, what will happen if I do all of this and they get angry about it and say that I damage to their property by allowing someone to come in and work on it without their permission? Later, they will probably say they don’t tell me the money because I never told them.
Customer reply replied 4 months ago
Remediation company.
Customer reply replied 4 months ago
This dictation software makes me look like Asian. They put so many extra kits and strange wording in.
Customer reply replied 4 months ago
Even when they get the right words that I mean they change them before I hit send

Any information helps- so while a tenant does not need to identify the source, if the source is located and that can help show the landlord's negligence (ie failure to maintain) that is helpful

(no worries about the typos)

A mold remediation expert would be able to provide a statement as to whether there is a health hazard based on the situation of the unit. Normally the court will require a professional's opinion as to the existence of mold and its severity.

Normally it is standard to provide notice to the management so that they can take remedial action and attempt to resolve the problem as the court does expect the parties to attempt an amicable solution before filing suit.

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Customer reply replied 4 months ago
is this commonly done in California, just hiring a mold remediation company as a tenant and getting things provable and underway?
Customer reply replied 4 months ago
Do I give some sort of notice to them ahead of time that I’m getting a mold remediation company in there? I ask that because they say you have to give proper notice to the landlord in order to deduct it later from your rent. Otherwise, in court the judge will say that the landlord Was not properly notified; therefore, the landlord idoes not have to pay

Another option is to consider the unit uninhabitable and move out based on constructive eviction and the breach of the implied warranty of habitability.

Please see:

http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

But if the court determines that the situation was not so extreme then the tenant can be sued by the landlord for breach of lease.

That is why often the tenant will seek documentation (ie expert opinion) of the condition so there is concrete evidence to support their claim.

Yes, the repair and deduct is also addressed in this link:

http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

The idea is that the tenant cannot recover if they don't give the landlord a chance to handle the situation on their own. The courts disfavor cases where there is not an attempt to resolve the issue without court intervention.

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Customer reply replied 4 months ago
Thank you.

You are most welcome;

I certainly hope this works out favorably for you.

If no further questions kindly rate 5 stars if you feel I have earned it. Thank you as that helps maintain my high customer ranking on the site. Take care.

legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,711
Experience: Just Answer consultant at Self employed
Verified
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