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I informed my landlord of flooding in my apartment about 35 days ago.
The living conditions were;
Constant flooded area of 5 x 15 feet that went from the closet and out the bedroom door to the bathroom doorway.
Mold growing on the sheetrock in a small area.
In 35 days the LL has accomplished about a half days contruction work, which is just to tear off the drywall and remove some shelves.
The bathroom subfloor swelled due to constant wet carpet, so I couldn't close the bathroom door for about a week. If there were to be workers in the apartment, I wouldn't be able to use the bathroom during that time. There werent workers there other than for estimates, but I think not being able to close a bathroom door is a serious enough problem. I would normally put my cat in the bathroom while the ll came by with contractors so the cat wouldn't get out. So I ended up hanging around for a few hours a couple times instead of doing other things.
I moved everything to the livingroom for 3 weeks. I was using the bedroom for a couple weeks while it was flooded but got fed up with the smell and having to jump over the puddle. For a total of 6 weeks most of my bedroom belongings besides bed were in the living room.
I gave my 30 day notice to move out on March 13. Then my landlord asked me to stay at least till the end of the month and he would credit me for the days of constuction. The after we got into an arguement over the flooding issues he emailed me that he would like me to move sooner and he would refund the rent for the part of the month I had already paid for. So I am out mid month and I get half the rent back, which would be expected because I'm not living there those days. I said I'm going to leave on the 15th, because that's what you want and it's too hard to live here with you not giving me notice to enter the apartment. (I have proof he wasn't giving me proper notice) So I have moved out, except to go back and give him the keys and bring him one new cheap mini blind. Yesterday he said I would get back all of my deposit. Today he complained about a bent mini blind. So I said I'll go to home depot and get the same one. My plan was if he didn't nit pic over little things, and I get back 90% or more of my deposit, I would let the other issue of not going to court to get a discounted rent while I lost the use of a room due to flooding.
Anyway, that was long. I'm in CA. Can a tenant take a ll to court over loss of use of a room for over a month and win?
Edit: Not exactly relevant to the question, but the landlord found out that some on the water coming in was due to a clogged back yard drain. Now that the drain is unclogged less water comes in and he says that's good enough. I wonder what the inspector will say. A little water is maye 4 cups vs 4 gallons in one days heavy rain. So the next tenant will be living with damp walls, but maybe not flooded carpets, but the ll might get away with saving some money.
Last edited by FelixTheCat; 03-16-2010 at 04:10 PM..