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We have water damage in our apartment and I feel that

Customer Question
We have water damage...

We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol

Lawyer's Assistant: Where is the property located?

In La mesa California

Lawyer's Assistant: Has any paperwork been filed?

None

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

Water sipped into our apartment 2 days ago it is coming from a third floor and according to the resident on that unit when they open the wall to repair the leak it was clogged and it was black water , my concern is that we can get sick since they have not been following protocaol when it comes to water damage mitigation.

Submitted: 7 months ago.Category: Real Estate Law
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11/16/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,312
Experience: Licensed to practice before state and federal court
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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?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability which is allows you some rights under California law. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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