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A friend of mine lives in an apartment complex where she is…

Hello, a friend of...

Hello, a friend of mine lives in an apartment complex where she is constantly undergoing inspections. she just had one and now the management is planning on 2 more in the near future. Is this legal?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: Has anything been filed or reported?

She's afraid to and also thinks there may be mold problems becasuse of water leaking in other apartments

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

No thank you

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Answered in 5 minutes by:
3/13/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

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I'm sorry to hear about your friend's situation. I don't think that this is legal and below is a reason why:

This appears to be a violation of the implied covenant (promise) of quiet enjoyment. All residential leases and rental agreements contain an implied covenant of quiet enjoyment. Under the implied covenant of quiet enjoyment, it states that the landlord will not take any action or make any omission which disturbs a tenant’s right to possession and quiet enjoyment of the premises. The warranty does not protect the tenant from the acts of third parties over whom the landlord has no control. However, if the landlord does have control over the situation, but chooses to do nothing, then it is a violation. To help facilitate the situation, you may want to consider just writing a letter detailing the problems and demand that they rectify this situation or you will move off the property and not pay any rent thereafter as allowed by law. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

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Legal Eagle
Legal Eagle, Lawyer
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