Can I break my lease if we are having inhabitable issues in our house ?:
Currently our heating system is not working and it is the colder months. We are in the 40’s this morning. We have used space heaters in all rooms to help but we have an infant and I am pregnant and we are constantly cold. I contacted maintenance and it’s been over a month. After a month they got back to me after sending another request and have yet to send a vendor out to fix the issues.
We also have sewage issues in our master bathroom that they have not fixed it.
Manuel’s answer: Tenants in California have rights. These rights are protected by Civil Code Sections 1941 and 1942. Tenants are entitled to live in a danger free house or apartment. The law provide recovery for violations of the Warranty of Habitability. If you are a tenant who is having trouble with your landlord regarding the uninhabitable conditions of your dwelling, you should know that you are entitled to a working heater, functioning plumbing, good wiring and a house free of rodents and insects. If you suffer of any of the below issues, please call AN ATTORNEY TO HELP YOU WITH THIS MATTER. It is important that you keep records of your notification to your landlord and take pictures and videos of all your house or apartment problems. Best of luck.
My landlord wants me to park on unsafe street for a week so property can be repaved, is that legal?: I am afraid my car will get vandalized
Manuel’s answer: IF YOU ARE AFRAID THAT YOUR CAR WILL GET VANDALIZED, THEN PRUDENCE DICTATES YOU PARK IN A SAFE PLACE.
My landlord says a sheriff is going to evict us because it's been 30 days since filing of the eviction paperwork: We have been living here for over a year and have been month to month since then she still has our deposit and the eviction is for non-payment. We live in Long Beach California
Manuel’s answer: Normally, your landlord has to give you notice of the eviction filing. You get five days to answer and then the court tells you when you have to go to the hearing. If you do not go to the hearing, then the Court may find against you. Only then, the court may order an eviction. It is not automatic just like your landlord wishes it was. Once the sheriff gets the eviction papers, an officer will serve you with Notice that they will come at a certain date and then you better go or all your valuables will be put out in the street. You have one option to stop the eviction and for that you should hire a lawyer to file a temporary delay, but that is the last resort. You will eventually have to leave the apartment after that short delay. Best of luck.