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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Im sorry im not sure the correct way to go about this but i

Customer Question

Hello. Im sorry im not sure the correct way to go about this but i wanted to know if my landlord not complying with city regulations is ground for breaking our lease. He was supposed to install 3 handrails and was to do so by april 15th. He has yet to do that. I have the city inspection form stated he needed to do so.
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,
Your landlord's failure to install the required railings is likely going to be deemed a breach of the lease in that it they are not maintaining the property in a safe condition.

To enforce this breach you can sue the landlord for enforcement. (This is NOT a habitability condition, so you cannot use rent withholding, repair and deduct, or terminate your lease over this kind of breach).

In most cases, it is simply easier for tenants to make a report to the City or County building or health department regarding the non-compliance than it is to file a small claims action, but both options are available to you.

Customer: replied 1 year ago.
Its not grounds to terminate the lease but its a breech?Im confused
Expert:  CalAttorney2 replied 1 year ago.

You can sue to force them to repair the property and compensate you for any monetary damages.

But you are not entitled to simply terminate the lease.