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Story short my landlord is torturing us knowing we can't…

Customer Question
Long story short my...

Long story short my landlord is torturing us knowing we can't afford to hire an attorney to protect our rights but we need some help and don't know where to turn. He has turned off the power (only to have been restored because the other tenant has small children) and he still turns it off at the circuit box as he wants just as an annoyance & makes it difficult to reset it by

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

CA

Lawyer's Assistant: Has any paperwork been filed?

Only to the other tenant. I called the police because he admitted to stealing & destroying my mail in front of two witnesses but denied it to the police and also said their attorney said it was okay for him to use one page of the other tenants eviction notice. The cop laughed and told him it wasen't any good with someone else's name on it.

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

He also removed our toilet.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/12/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,297
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.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

I'm sorry to hear about your situation. This appears to be a violation of the implied warranty (promise) of habitability if the landlord is shutting off the lights and removing the toilet while you are still renting out the premises. All residential leases and rental agreements contain an implied warranty of habitability. 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.

Keep in mind that no one is allowed to touch your mail which is your personal property and if the landlord is doing this to get you to move out,t hen this is considered unlawful tenant harassment and you may want to consider going to small claims to enforce your rights. You could use the letter that I suggested and include those causes of actions I mentioned to assert your rights.

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Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer reply replied 8 months ago
I can't afford $59 for a phone call i'm poor & on disability go ahead and cancel. Please refund.
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. Did you get a chance to see my answer to your question?

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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.

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