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My mom reported an electrical issue with her rental to the…

Customer Question
My mom reported an...

My mom reported an electrical issue with her rental to the property agency. 4 days later the property manager told her the house would be red tagged and she had to vacate the home by the end of the week. Is this legal?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

The property agency has only verbally given my mom notice, has not given her any paperwork. They returned her early paid rent for April.

Lawyer's Assistant: Where is the house located?

San jacinto, CA

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

Just that my mom is a senior and lives with her developmentally disabled daughter and this is causing a tremendous amount of stress to be told she has to move out in only a few days.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/28/2018
Real Estate Lawyer: Loren, Lawyer replied 3 months ago
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,800
Experience: 30 years of real estate practice experience.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

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Customer reply replied 3 months ago
Hello
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

If the house is not habitable then, yes, it is legal, but the landlord is still liable for the obligations of the lease. So, if she has to vacate, then her landlord is liable to her for providing comparable accommodation or the money damages.

In other words, the lease does not end unilaterally, unless the lease has a specific provision to the contrary.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 3 months ago
Just double checking that we are still connected...
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Yes. Do you see my answer.

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Customer reply replied 3 months ago
No I don't see the answer yet
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Me

If the house is not habitable then, yes, it is legal, but the landlord is still liable for the obligations of the lease. So, if she has to vacate, then her landlord is liable to her for providing comparable accommodation or the money damages.

In other words, the lease does not end unilaterally, unless the lease has a specific provision to the contrary.

I am happy to continue if you have further questions.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

28 Mar 2018, 4:36 PM

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Customer reply replied 3 months ago
Is the landlord required to give her a written notice?
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

The landlord is required to provide habitable accommodations.

If the house is tagged as not habitable by the county or city then the county or city would give notice.

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Customer reply replied 3 months ago
Officially there does not appear to be any tags on the house at all...
Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Then she does not have to leave if she has a valid lease.

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Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Did you have further questions? Have I answered your question? Please let me know.

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Real Estate Lawyer: Loren, Lawyer replied 3 months ago

Posted in error.

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Real Estate Lawyer: Loren, Lawyer replied 3 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

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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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