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Ask CalAttorney2 Your Own Question
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My landlord has repeatedly been told pf the sewage back up

Customer Question

My landlord has repeatedly been told pf the sewage back up and i let him know gor the 3rd time this year it was 6:19 i called him and told him he told me that he would be here at 9 in the morning leaving me to call into work and waiting for him the next day instead of him coming immediately I've told him about a cockaroach infestation that was starting and he still hasnt taken any action towards it just blaming it all on me. Can i sue him?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Yes, if your landlord is failing to maintain the property you can sue them for both a court order to properly fix or maintain the damaged portions of the unit/and/or repair the infestation.

You can also seek a money damages judgment for the reduced value of the property for the period of time that you have occupied it with these defects or infestations.

These matters are almost always dealt with in small claims court, so you can sue quickly and easily without needing an attorney.

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.