What recourse do I have against my newly built affordable housing apartment building in terms of the Right to Quiet Enjoyment?

Asked over 1 year ago - Sacramento, CA

Just recently told management about mold growing on master bath ceiling along with water coming out of the air vent in the bathroom. They came and inspected it and discovered that several (3-4) units have water leaks in the walls/structure of the units. Maintenance came and tore up my bathroom making it inoperable for one week (plus loud fan 24 hours a day). Then today they came and told me the damage was extensive and we (hubby and I) would have to either sleep on a mattress on the floor in another bedroom (we have 3 bed, 2 bath - 2 adults, 2 kids) or they would put us up in a hotel because our bedroom and bathroom is not going to be able to be used for another week AT LEAST. Are we legally able to get a rent concession instead of staying at a hotel? If they won't do it, should we sue?

Additional information

They wouldn’t give a rent concession when the master bath became inoperable since the other bathroom was still available. However, the LOUD fan operating 24 hours a day makes it hard to sleep. It is Christmas time and I am really upset. I don't get to enjoy my home during the holidays because all I can do is either stay in a hotel with 2 kids and pay more money for gas (have to drive further to work and school) and food (no complete kitchen or food in fridge), or live on my kids floor while listening to 2 really loud machines all day. I think this violates the right to quiet enjoyment, doesn’t it? Do I have a claim for damages as well as rent concession since I am really depressed now that I can’t enjoy the holidays in my own home? Also, this affordable housing community is not without other problems worth legally pursuing from a class action standpoint. Please contact me if interested.

Attorney answers (2)

  1. James Carl Eschen III

    Contributor Level 16

    Answered . You told management about the mold in the bathroom; they inspected and started to work on the problem. They are now offering to put you up in a hotel. And you want to sue?

    Technically, the landlord has breached the covenant of quiet enjoyment and the warranty of habitability. You could stay where you are and sue to get a rent rebate for the time you were sleeping on the floor. You would probably save the landlord money over staying in a hotel. But don't expect much sympathy.

  2. Richard C Koman

    Contributor Level 13

    Answered . You should stay in the motel. here's why: you reported conditions. they immediately investigated and immediately advised you that the unit was not habitable and offered to house you in a motel. so far so good. if it turns out that you have some basis for a complaint in the future - I don't see one yet ---- it will hurt your case if you opted to stay put instead. in any case you have suffered some inconvenience and you could ask for a free month in compensation.

    Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No... more

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