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

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?

Sacramento, CA -

Attorney Answers (2)

James Carl Eschen III

James Carl Eschen III

Landlord / Tenant Lawyer - Santa Cruz, CA

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.

Richard C Koman

Richard C Koman

Landlord / Tenant Lawyer - Santa Rosa, CA

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.

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