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I have moved into a small cottage in Hermosa Beach. The cottage is directly behind an enormous propane tank on the gas station property behind my little back yard. When it is used, there is an enormous amount of gas that comes over to my property and fills my yard and even my home when the door is open.
I would like to know what I should do if I would like to terminate the lease due to "uninhabitability", or if this is possible? I moved in three months ago.
Determination by Health Department, Board of Health, Code Enforcement.
Also, contact the Attorney Generals office, to advise on where to properly direct inquiry and investigation.
An official from one of three above mentioned can declare the status "uninhabitable".
It is also possible, since this has nothing to do with the LL, he is not in violation. The correction can be made so you can return.
After declared uninhabitable, LL would have to return security deposit monies if you decided not to return, and you would be free to make other living arrangements.
Last edited by virgode; 11-28-2009 at 03:56 PM..
Reason: addition
I don't think it can be ruled uninhabitabled if it has been inhabitable before you moved in. If so the LL will not be able to ever rent the property. You are SOL. I have a propane license in Texas, just because you can smell it does't mean it's harmful. FYI propane refuelers are not required to wear protection and they are exposed to greater levels of propane than you.
Doesn't appear that the Landlord has failed his obligations to provide a habitable unit.
Have you contacted the local agency responsible for hazardous conditions... perhaps the Health Department, Air Management District or contacted the Fueling Facility?
Actually, you need to call the air resource board since you are in CA and the fire marshall (both are likely permitting authorities for the propane tank in this case). One of the above needs to determine if the tank is releasing enough propane to cause a fire or explosion hazard in the house adjacent (where you are living). If the relief valves are giving off that much gas that causes a noticable odor then they are being overpressured, overfilled or the PRV s are not set correctly. Since the source of the problem is not your LL it is not likely to be his problem and he will not be able to correct it. I would waste no time in calling personally.
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