To the legislature it s poetic justice.
If landlord wont fix leaking roof.
Howard finkelstein 7 news legal expert.
This means that your landlord must ensure that the building is structurally sound provide hot and cold water ensure that the roof is not leaking and keep the plumbing electrical and heating systems all in safe operating condition.
The landlord has a sudden vacancy losing money and has to fix everything.
The defects don t have to be serious and you may not even care about them.
If there s a problem with an existing damp proof course dpc in your home which is causing the damp then your landlord is likely to be responsible for repairing it.
California tenants are legally entitled to rental property that meets basic structural health and safety standards and is in good repair.
Even if it is not in your rental agreement or lease your landlord is required to keep your building and unit in a habitable condition.
Other factors in the repair and deduct way of dealing with this matter such as how much the monthly rent is and how much time is left on your lease.
Repairs to a leaking roof are likely very expensive and other difficulties about repairing the roof likely make that a poor option.
In some states you may also ask the court for an order directing the landlord to repair the defects with rent reduced until they are fixed.
You might also want to contact the local housing code inspector to take enforcement action against the landlord.
In addition you can sue your landlord for lost or damaged property for example furniture ruined by water leaking through the roof.
You can use them as an excuse to legally end your lease if you got a job transfer can t afford it are getting a divorce or other reasons.
This is because the work may be regarded as an improvement rather than a repair.
If the landlord won t or can t fix it send them a letter giving them seven days to correct the problem.
As a first step notify your landlord in writing and preferably by certified mail that they have a duty to fix the plumbing problem under landlord tenant law.
What must a landlord fix.
If your home doesn t have a dpc your landlord may not be responsible for putting one in.
If a landlord fails to take care of important maintenance such as a leaky roof or a broken heater tenants may have the legal rights to.
If they don t you can terminate.
A leaking roof with water leaking into the outlets and lights is a safety hazard and would constitute a breach of the implied warranty of habitability.