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We are currently renting from Waypoint aka Inventions homes…

Customer Question
We are currently renting...

We are currently renting from Waypoint aka Inventions homes since April every month thereafter as been some type of sewer issues such as feces floating on floor in shower, had to call personal plumber this also cause a rude smell throughout the house, which also caused mold myself and granddaughter was seen in emergency for respiratory issues I was admitted in October. Currently on De. 24, no hot water a plumber was sent out and he stated the water heater needed to be replace he went and got a water heater but as he attempted to install the rusted crocheted pikes was not safe so being without hot water Candance the manager said it was essential to get hot water coming out brown from the rusted pipes last night it started leaking and you can see the smoke on the garage floor I called maintenance last night at about 10:30 to date and time no ones followed up, also asked for reimbursement and to be released of remaking lease that’s not going to happen but they will but $700.00 on the ledger can you help please?

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

Antioch, California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

One year lease and tenant responsible for minor maintance lease will be up in April rent is current

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

Well I was told yesterday if this become a emergency unintentional incident then they would rethink the situation to me this is much bigger then trying to do it our self in small claims. Oh in addition they did not come out to address the fecus floating around the house until the City of Antioch called, these living arrangements is clearly inhabit for a family with a 6 and 2 year old..

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/29/2017
Real Estate Lawyer: Richard, Lawyer replied 8 months ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 57,376
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

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Real Estate Lawyer: Richard, Lawyer replied 8 months ago

You don't have to put up with this. With every rental comes the implied warranty of habitability, which includes the tenant's right to the safe, healthy, peaceful and quiet enjoyment of the rented premises. When you have facts such as yours with the result that your health and safety are clearly in peril, a tenant would clearly not be afforded such enjoyment of the premises....and therefore the landlord would be in breach of the implied warranty of habitability. This puts the landlord in default. This gives you the right to terminate the lease and sue for damages, including the cost of moving plus include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the reduced benefit of your rental bargain due to the inhabitability. Furthermore, although you have the right to terminate the lease due to the breach, you are not required to do so. Rather, you can file a claim against the landlord for damages due to this breach. Damages would include reimbursement of a portion of all prior rent to date to compensate for the reduced value of the rental property due to the problems, and to either reduce the rent going forward or pay you for temporary living expenses, at your option, until the problem is fully remediated.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Real Estate Lawyer: Richard, Lawyer replied 8 months ago

I would also call the city/county health department and ask them to come inspect your premises and they can also put sanctions and fines on your landlord.

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Customer reply replied 8 months ago
As I do when I feel the battle is heavy I cry, your response gave me confirmation that this is wrong and I’m crying can you refer us to a attorney in our area Please
Real Estate Lawyer: Richard, Lawyer replied 8 months ago

Under my terms of service with JustAnswer, I'm not allowed to make a specific recommendation, but I can give you direction. You would want to either contact the state bar association or your nearest law school for a referral. I prefer the latter because they take great pride in their graduates and will take a more personal interest in making sure your referral is a good one because it will be a reflection of the school. But, this is not a complicated case so you would only need a 1-2 year lawyer rather than a more experienced lawyer with the higher billing rate that comes with that experience.

And, please know, I will keep you and your family in my prayers!!

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Real Estate Lawyer: Richard, Lawyer replied 8 months ago

Good morning. Just following up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard

If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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