Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 5 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 9 minutes by:
11/16/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,146
Experience: Licensed to practice before state and federal court
Verified

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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 5 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.

What other questions did you have for me?

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Tina Your Own Question
Tina
Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5,436
5,436 Satisfied Customers
Experience: 17 years of legal experience including real estate law.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
If my apartment was a total loss from fire damage - an i
if my apartment was a total loss from fire damage - an i automaticlly out of the lease? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,327 satisfied customers
In live in texas and have general warranty deed with
in live in texas and have general warranty deed with vendor's lien can i sell the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
The furnace motor burned two days ago in my rented apartment
The furnace motor burned two days ago in my rented apartment the fire alarm did go off and electricity did shut off the apartment was full with smoke from burned wires the apartment did repair themsel… read more
Legal Eagle
Legal Eagle
Lawyer
10,146 satisfied customers
Here is my situation. I had a pet that was not on the lease.
Here is my situation . I had a pet that was not on the lease. I receive a letter to cease and desist . Remove the pet. Family came to visit about 4 mo later she brings pet for visit .maintence comes t… read more
Loren
Loren
542 satisfied customers
Is a loan on real estate legal without a general warranty
Is a loan on real estate legal without a general warranty deed, only a quick claim deed? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
How can a real estate firm prepare a residential lease for
How long can a real estate firm prepare a residential lease for in Florida? If I break a residential lease in Florida, how many months are they legally allowed to charge me for breaking the lease? If … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,327 satisfied customers
We live in Florida and entered into a rental agreement on
We live in Florida and entered into a rental agreement on June 11 2015-June 12 2016. We fulfilled the lease terms and continue to rent month-to-month with oral agreement with the landlord. In November… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,327 satisfied customers
We were having rental agreement till June 30th and since we
We were having rental agreement till June 30th and since we decided to move in own house we need to break the current lease We gave notice to owner on 27th Nov-17 and we agreed for come conditions … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I cosigned a rental agreement for son. The agreement I
I cosigned a rental agreement for son. The agreement I signed was supposed to be renue the second year. I did not sign it. They lived in that rental property for at least 6 years. Now they are trying … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
After the 12 month lot rental agreement, what is the
After the 12 month lot rental agreement, what is the procedure for being able to move from a mobile home park. I live in a home someone else owns, but I am the name on the lot rental agreement. When I… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Well, ma'am. I rented an apartment here, in Spokane from
well, ma'am. I rented an apartment here, in Spokane from Catholic Charities. This is what happened and what I need to know from you. I was in my apartment when I heard a hammer slam under the sink fro… read more
Legal Eagle
Legal Eagle
Lawyer
10,146 satisfied customers
My apartment landlord wants to charge me a $500.00 pet
my apartment landlord wants to charge me a $500.00 pet deposit "again". I paid my deposit 3 years ago but there is no record of it. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,327 satisfied customers
If my landlord doesn't have a signed rental agreement can
If my landlord doesn't have a signed rental agreement can she evict me. She gave me a notice with cause they didn't have any time to cure and none of the things that were are on the notice were true … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,327 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
298 satisfied customers
I have mold in my apartment. I can't get the facilities and
I have mold in my apartment. I can't get the facilities and apartment managers to test or do anything else. Bought my own test and it is positive, What rights do I have. I am new to Colorado and unsur… read more
Legal Eagle
Legal Eagle
Lawyer
10,146 satisfied customers
A building contractor did water damaged work on my apartment
a building contractor did water damaged work on my apartment and i signed a contract with him and after the work was done he changed the dollar amount to a higher amount. the contract stated not to ex… read more
Legal Eagle
Legal Eagle
Lawyer
10,146 satisfied customers
I am on a rental Agreement with my daughter. I have not been
I am on a rental Agreement with my daughter. I have not been living at the apartment, However, I pay the rent. She is bi-polar, and now on drugs. She is presently in a psychiatric unit. She was given … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,327 satisfied customers
If I go to an online site to print a rental agreement to
If I go to an online site to print a rental agreement to rent a room in my home, do I need to register it with the city or county for it to be valid and enforceable?… read more
Damien Bosco
Damien Bosco
4,124 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x