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I am the tenant in a house in Los Angeles. On 9/1 a city…

Customer Question
Hello, I am the...

Hello, I am the tenant in a house in Los Angeles. On 9/1 a city sewer pipe erupted and it impacted the entire block. We had 4 to 5 inches of human waste throughout our home. To date, the landlord has done very little to abate the situation and the house is still a toxic site. The landlord wants to pay rent and we are living in a hotel. I also have to file a claim with the city and wanted some advise on that. Stacey

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

No

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

I just got off the phone with the City Attorney's office and they finally confirmed that I can file my own claim for property damage and the landlord can file his claim.

Submitted: 12 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
9/20/2017
Real Estate Lawyer: Barrister, Lawyer replied 12 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,595
Experience: 17 years real estate, Realtor. 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.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer. If you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

This delay may be due to the landlord waiting on his insurer to approve the claim and pay for any mitigation and repairs. But the landlord has a legal duty to provide a habitable dwelling, and you as a tenant have the duty to pay rent. So if the landlord is paying for a hotel for you, then you still have the duty to pay rent.

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But if the landlord is not paying your hotel bill, you have the right to sue him for reimbursement of that cost and then he can go after the city for his own reimbursement.

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Further, you would have the right to terminate the lease and vacate permanently if the property has been so damages as to be uninhabitable and continue to be that way for an extended period of time.

.

As for any property damages, as you are aware, the city's insurer should be liable for that as well as any other damages you are incurring. So you would need to follow whatever claims procedure that the city has with regard to this type of incident..

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thanks

Barrister

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Customer reply replied 12 months ago
I am paying for the hotel fees. Not the landlord. Why would I pay rent if the house is still a biohazard? If he waits 30 to 60 days to have it abated -- why would I pay rent there when I can't stay in the house for longer than 20 minutes due to the smell. There is literally human waste throughout every corner of the house? I can't afford to pay for a hotel and rent
Real Estate Lawyer: Barrister, Lawyer replied 12 months ago

You only have to pay rent if the landlord is paying for your hotel... that is what I said...

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"So if the landlord is paying for a hotel for you, then you still have the duty to pay rent. ""

.

But if the landlord is not paying for your hotel, you don't have to pay rent as he is breaching his duty to provide a habitable dwelling, be it the house or a hotel, under the lease..

.

I am sorry if I wasn't clear in my response to you..

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Real Estate Lawyer: Barrister, Lawyer replied 11 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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