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  1. #1
    Join Date
    Aug 2010
    Location
    martinez ca
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    4

    Angry Landlord Refuses to Repair or Replace Well

    My question involves landlord-tenant law in the State of: California

    We have been living in a rental property for 7 years. November of 2009, the well on the property we rent, collapsed and we have had no running water since. The landlord was notified the day it happened as well as repeatedly. She has done nothing to rectify the situation. She comes up a week ago and says that she will just have to check and see if that is the problem. It takes her 8 months to find out the problem. What legally can we do to the landlord?

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Landlord Refuses to Repair/Replace Well

    Quote Quoting starbarette
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    My question involves landlord-tenant law in the State of: California

    We have been living in a rental property for 7 years. November of 2009, the well on the property we rent, collapsed and we have had no running water since. The landlord was notified the day it happened as well as repeatedly. She has done nothing to rectify the situation. She comes up a week ago and says that she will just have to check and see if that is the problem. It takes her 8 months to find out the problem. What legally can we do to the landlord?
    Not providing water violates the warranty of habitability in residential leases. The solution is to find out who in your municipality is responsible for "code enforcement", and these folks should take a look.

    Your local rep, such as a councilman or alderman, should be able to point you in the right direction.

  3. #3
    Join Date
    Aug 2010
    Location
    martinez ca
    Posts
    4

    Question Re: Landlord Refuses to Repair/Replace Well

    I have a copy of the California Health & Safety Code 17920.3 that states that a dwelling has to have hot and cold running water. Also, the California Civil Code 1941.1 that states that a dwelling can be untenanable if it does not have hot or cold running water. Legally, can she be sued for not repairing a major issue such as water? And, will a lawyer take the case? As tenants, we cannot fix it because it would take much more than 1 months rent to replace the well. It cannot be repaired. A new well has to be dug as the ground has moved.

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Landlord Refuses to Repair/Replace Well

    Quote Quoting starbarette
    View Post
    I have a copy of the California Health & Safety Code 17920.3 that states that a dwelling has to have hot and cold running water. Also, the California Civil Code 1941.1 that states that a dwelling can be untenanable if it does not have hot or cold running water. Legally, can she be sued for not repairing a major issue such as water? And, will a lawyer take the case? As tenants, we cannot fix it because it would take much more than 1 months rent to replace the well. It cannot be repaired. A new well has to be dug as the ground has moved.
    I definitely know "no water" is a violation of health and safety codes in all 50 states.

    You don't have to spend money on lawyers, or go to court, as there is another branch of govenrment, normally the county or municipal government, whose job it is haul these miscreants to court, at no cost to you.

    Not only that, because it is a health hazard, they can ORDER immediate action. By the time it takes you to find a lawyer, a code enforcement officer can be there already and gone.

    However, be careful with what you ask for sometimes, because depending on the violation, residents can be ordered out of the house till the situation is corrected. If that is the case, the landlord would even have to pay your hotel bills.

    In my area, owners who ignored code enforcement had even been arrested.

    I don't know how good "code enforecement" is out where you are, but if I were you, I go that route first. It beats looking for a lawyer and going to court by miles.

  5. #5
    Join Date
    Aug 2010
    Location
    martinez ca
    Posts
    4

    Question Re: Landlord Refuses to Repair or Replace Well

    I have been in contact with Code Enforcement here. They came out & looked at the property & drove up to the well. But, I found out that the previous owner of this property had taken out a caretaker permit on the mobile home on the property. Before he sold the property to the current owner, he signed a statement with the county, stating that the mobile home would be removed at his expense & not the county's. That did not happen. The current owner bought the property, lived here for ten years & then rented the property to us. I knew nothing of this until I contacted Code Enforcement & complained. Now, I don't know what is going to happen. But the issue is that we have been without water for 8 months and she has done nothing about it. Do we have any other recourse, legal or not?

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