Rental Rights Question in Contra Costa County? (apartment, renters)

[marybetht]

My husband & I live in a 1200 square ft. home with our 2 daughters (3 months & 2 years old). Our landlord has a band-aid theory when it comes to any type of repairs to our unit. Our rent is $1300 a month and have been there for 5 years.

2 weeks ago our kitchen sink backed up in the home 3 times. After two roto rooter plumbers came to the house, they determined the pipe was broken beneath the concrete. Besides being without a kitchen sink for 4 days prior, the landlord wanted us to stay in the house during the repairs.

According to the contractor they needed to remove the kitchen cabinets & stove, rip up the linolium tile, jackhammer through the concrete floor & cut through the only bathroom wall to replace the broken/rotted out pipe.

We argued with the property manager to move us to a habitable place during the repairs. Since my husband relies on public transportation to get to and from work we had to stay at the local hotel for $170.00 per night. The landlord doesn't want to pay for incidentals, requiring me to put that portion on my credit card. The meals are expensive as is the internet connection we've paid for daily to continue my at home business.

We're not trying to be difficult, but want to know our rights. The property manager said in situations like this the tenant either gets rent abatement or a hotel room. Is that correct? Doesn't seem right because it's not our fault the pipes broke. Can we push for rent abatement as well as reimbursement for meal & internet fees?

Any advice would be helpful.

Thank you.
-Marybeth

[Ultrarunner]

You don't have to pay rent for the time your unit is not habitable through no fault of yours... not paying rent and having the owner also pay your daily expenses doesn't happen often in my experience when the owner didn't cause the problem and is taking steps to remedy it.

Do you have renters insurance? Most policies have a provision if you're forced to relocate temporarily...

You might also have the option to break the lease and move if that is what you want.

As always, you should consult with a lawyer hired to represent you so you understand the ramifications.

Here is an excerpt from CA Dept of Consumer Affairs Tenant Landlord Handbook:

By law, a tenant is allowed to withhold (stop paying) some or all of the rent if the landlord does not fix serious defects that violate the implied warranty of habitability. (See discussion of the implied warranty of habitability.)

In order for the tenant to withhold rent, the defects or repairs that are needed must be more serious than would justify use of the repair and deduct and abandonment remedies. The defects must be substantial - they must be serious ones that threaten the tenant's health or safety.

The defects that were serious enough to justify withholding rent in Green v. Superior Court are listed below as examples:

Collapse and nonrepair of the bathroom ceiling.
Continued presence of rats, mice, and cockroaches.
Lack of any heat in four of the apartment's rooms.
Plumbing blockages.
Exposed and faulty wiring.
An illegally installed and dangerous stove.

For more reading: Landlord/Tenant Book Index - California Department of Consumer Affairs

[bellalunatic]

See also:

Renters' Rights - Articles by Category (http://www.nolo.com/articleByCat.cfm/catId/31250834-6A2E-4970-9EDD4DAF221A0C7E - broken link)

good luck!

[4beanie]

you could stay in you house and just not use the kitchen. You still do not have to pay rent until kitchen is usable. I know it could be annoying, but it would save you $ on a hotel.

[BennyPhoenix]

Call your local housing authority.
Your landlord definitely needs to pay for a hotel. I would be surprised if he would be required to pay for anything else, but you wont know until you contact your local housing authority.

[vickibanana]

Can our landlord of 8 years keep me from babysitting in our apartment....Thank vicki

[BennyPhoenix]

Depends.
If it's in the lease then YES.
It it's not but you get paid then that could be a violation of local zoning laws. Contact your local housing authority.

[Ultrarunner]

Originally Posted by vickibanana

Can our landlord of 8 years keep me from babysitting in our apartment....Thank vicki

If you live in California the answer is NO... your landlord cannot prohibit you from operating a licensed daycare in your home.... period.

As a Landlord... I couldn't believe this myself. My lease and my Rental Property Insurance specifically state business use of property not allowed.

The legislature in CA declared a daycare emergency and pre-empted anything to the contrary.

I can't even require my tenant have Daycare insurance... let alone require that I be named as a co-insured.

The key word here is Licensed Day Care. In my city that required a visit from the fire Marshall and other agencies to assure compliance.

[varena314]

i live in a house in contra costa county with my father now deceased. the land lord forcibliy enterd through a window while i was not home. therre was no emergency does he have the right to do this?

[Shawn_Estrada]

Originally Posted by varena314

i live in a house in contra costa county with my father now deceased. the land lord forcibliy enterd through a window while i was not home. therre was no emergency does he have the right to do this?

No. The landlord has to give a 24-hour advanced notice prior to entry of a home. Check the Rental contract.