Would I be able to take my landlord to a small claims court because the apartment has cockroaches and asbestos insulation?

Asked about 2 years ago - Riverside, CA

The thing about the cockroaches is that we already filed many reports and nothing was ever done. In regards to the asbestos, we did not sign any documentation noting that the apartment unit would contain such thing. I know that if a building was build before 1970 that the property manager/owner must provide some sort of documentation, allowing future tenants to be aware of the situation. This is fraud.

Attorney answers (3)

  1. Frances Miller Campbell

    Pro

    Contributor Level 15

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    Answered . First, don't worry about the asbestos insulation. So long as asbestos is not disturbed, it is safe. Since you're talking about insulation, I assume that asbestos is not floating around in the are, which is UNsafe.

    You definitely can take you landlord to court for damages for cockroach infestation, ESPECIALLY if you have reports from the Health Department regarding cockroach infestation. Take the reports, and a lot of nasty photos, to court with you. If he doesn't fix the problem, you can sue him EVERY MONTH thereafter for the same thing.

    Good luck.

    (P.S. Why isn't anything being done? Call the Health Department and try to have this conversation with someone in charge.)

  2. Hillary Johns

    Contributor Level 19

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    Lawyer agrees

    Answered . Call a landlord tenant lawyer and have them review your documentation and have them advise you as to how to proceed. The landlord does have a duty to rent a premises that is safe and habitable. Did her correct the cockroach problem? Did you notify him? Do you have documentation here. There are a lot of unanswered questions.

    I'm sorry that you're going through this. Without knowing all of the facts, a responsible lawyer won't advise you.

  3. Frank Wei-Hong Chen

    Contributor Level 20

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    Lawyer agrees

    Answered . This question is difficult to answer without more facts. It is true that the landlord has the duty to ensure habitability pursuant to Civil Code sections 1941 and 1941.1. However, whether you would win damages in a small claims court lawsuit would depend upon the extent of the cockroach infestation and how unreasonable the landlord has been in correcting the problem.

    As for asbestos, many older buildings have asbestos in its building materials such as insulation. Unless the landlord did something to disturb the insulation, however, the landlord does not likely owe the tenant any duty to disclose or correct.

    A landlord does have a duty to disclose certain topics, as described in:

    http://www.dca.ca.gov/publications/landlordbook...

    http://www.dca.ca.gov/publications/landlordbook...

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more

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