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I have livrd in a apartment complex that is illegal (not…

Customer Question
I have livrd in...

I have livrd in a apartment complex that is illegal (not zoned) for apartment living, And the owner hired illegal (not contracted) laborers to work on the building, The workers accidently broke a water line that leaked into the walls of my facility forcing me to find shelter elsewhere until the smell and mold were corrected.In the meantime I had to carry the expense of finding somewhere to stay and while doing so was being charged rent on the facility while it was being repairef. I feel I should be compensated for having to pay while not being able to live in my apartment. My rights as a tennent were violated. And I need a lawyer, Please help.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

It is in Inglewood California

Lawyer's Assistant: Has any paperwork been filed?

No I don't have an attorney

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

There are a few things that are illegal about the facility. no smoke detectors no heat or air condtion, no kitchen in which to prepare a meal. These are just a few of the improprieties and inconviences.

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/7/2017
Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago

I am very sorry to hear you had to deal with this.

Are you looking for information on how to sue for damages for lost rent, or information on how to get the landlord to comply with the laws re: habitability?

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Customer reply replied 4 months ago
Sue for damages and lost rent
Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago

Thank you; if damages are less than $10,000 a complaint can be filed in small claims:

http://www.courts.ca.gov/selfhelp-smallclaims.htm

If the tenant wins, the court may award the tenant actual damages, plus "special damages" from $100 to $5,000. "Special damages" include the cost of a motel room and other expenses, because the landlord did not repair defects in the rental unit. The party who wins the lawsuit is entitled to recover legal fees and court costs.

The court also may order the landlord to eliminate a nuisance and to repair any defective condition that significantly affects the health and safety of the tenant. The tenant must prove:

  • The rental unit has a serious habitability defect and
  • A housing inspector has inspected or has declared the unit substandard and has given the landlord or the landlord's agent written notice of the landlord's obligation to repair the substandard conditions or abate the nuisance; and
  • The nuisance or substandard conditions continue to exist 35 days after the housing inspector mailed the notice to the landlord or agent, and the landlord does not have good cause for failing to make the repairs; and
  • The nuisance or substandard conditions were not caused by the tenant or their guests; and
  • The landlord collects or demands rent, issues a notice of rent increase, or issues a three-day notice to pay rent or quit after all of the above conditions have been met.

To prepare for filing this kind of lawsuit, the tenant should take all of these basic steps:

  • The tenant should notify the landlord in writing about the conditions that require repair. (See "Giving the landlord notice".) The rental unit must have serious habitability defects that were not caused by the tenant's family, guests, or pets.
  • The notice should specifically describe the defects and the repairs that are required.
  • The notice should give the landlord a reasonable period of time to make the repairs.
  • If the landlord doesn't make the repairs within a reasonable time, the tenant should contact the local city or county building department, health department, or local housing agency and request an inspection.
  • The housing inspector must inspect the rental unit.
  • The housing inspector must give the landlord or the landlord's agent written notice of the repairs that are required.
  • The substandard conditions must continue to exist 35 days after the housing inspector mailed the notice to the landlord or landlord's agent. The landlord then must collect or demand rent, raise the rent, or serve a three-day notice to pay rent or quit.
  • The tenant should gather evidence of the substandard conditions (for example, photographs or videos, statements of witnesses, inspection reports) so that the tenant can prove his or her case in court.
  • The tenant should discuss the case with a lawyer, legal aid organization, tenant program, or housing clinic in order to understand what the lawsuit is likely to accomplish, and also the risks involved.182

http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

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Real Estate Lawyer: legalgems, Arbitrator replied 4 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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