Expert Advice When You Need It Most

Can my landlord turn off my gas if my neighbor is fumigating?

Asked almost 3 years ago - California

My landlord is turning off my gas for 48 hours because the unit next to me is being fumigated. It is still considered winter here and will be in the low forties at night. He will not pay for me to stay at a motel, but is giving the tenant next door money for the three days that she is not there. Is that legal? Shouldn't he pay for my motel?

Additional information
I forgot to mention that everything in my unit is run on gas. water heater, stove and heater. I have a two year old who needs bathing every day and can not begin to imagine how that woulld work with cold water.

Flag

Save

Share with:

Attorney answers (2)

David C. Mott

Reputation Level 8

Answered almost 3 years ago. Foreclosure Attorney in Arlington, WA.

Flag

This is very preliminary but it would seem that the landlord is breaching the covenant of quiet enjoyment and is rendering your property uninhabital. Moreover, you should check your local housing codes. There may be criminal penalties for such intentional conduct. I am sure that you and your boy do not want to stay in your unit while the fumigation is occuring, but it would appear that the landlord is required to assist you in making alternative living arrangements, at his expense, until you can be safely restored to your unit.

DISCLAIMER: The information contained in my answer is not legal advice; I am offering it for informational purposes only and you should not act or rely upon this information without seeking formal professional counsel specific about your case. If you do not reside in the State of Washington, you must assume that I do not know the law of your state and you should contact an attorney in your state. An attorney-client relationship is not formed until a written representation is signed by both parties.

Mark as good answer

Add comment