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uninhabitable, untenantable house Repairs, Maintenance

Discussion in 'Living in, Use of the Premises' started by klaasiiekiisses, Jan 20, 2015.

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  1. klaasiiekiisses

    klaasiiekiisses Law Topic Starter New Member

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    How do I get a house deemed untenantable according to California Civil Code section 1941.1 due to a leaking roof, major plumbing issues and a house that was unsecurable if the property management handling this rental has already kicked me out because I complained about these issues?
     
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    You would contact your local Code Enforcement office first.

    Gail
     
  3. army judge

    army judge Super Moderator

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    Sorry, no one but a judge can, as you term it, "kick me out". You may no longer reside there, but if you weren't evicted by court order, no one "kicked up you out"!
    You may have been asked to vacate, and you CHOSE to leave.
    That's NOT being kicked out.
    That's YOU choosing to say YES to the request.

    Now that you've EVICTED yourself, you have no beef about the inhabitability, not the untenability (which means - not being able to defend a position or opinion).

    Anyway, nothing about your former home is any continued relevance to or in your life.
     
    Last edited: Jan 23, 2015
  4. klaasiiekiisses

    klaasiiekiisses Law Topic Starter New Member

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    Thanks Army Judge, you are correct, I was not 'kicked out'; the property management gave me a proper 60 day notice telling me that the owner wanted the house back (which I assumed was because of the major repair issues that I had been trying to get them to fix). The house was then put right back up for rent, with none of these issues taken care of (I know this because I have lived next door to this house with my Mom for my entire life, 20 years, Mom has owned her house for 25). I have been in this house since being rented to another and have seen the problems that still exist myself). The roof still leaks and the plumbing still backs up every time you try to take a bath or do laundry or dishes. I know for a fact that the roof has been leaking for at least 20 years... there have only been three renters. The first lived there for 19 years, the second for 1 year, and I was the third. We got to know both of these other families and I have witnessed the roof leaking for both of these families. I assumed it had been fixed before it was put up for rent, but now realize I am just the next in a line of renters being rented a UNTENANTABLE (not untenable) house and asked to move when the complaining got too loud. I lived in the house for 20 months, the roof leaked the entire time (thankfully California has been in a drought) whenever it would rain. The property management always said they would send someone out, but they never did. According to CA Civil code section 1941.1. "(a) A dwelling shall be deemed untenantable for purposes of
    Section 1941 if it substantially lacks any of the following
    affirmative standard characteristics or is a residential unit
    described in Section 17920.3 or 17920.10 of the Health and Safety
    Code:
    (1) Effective waterproofing and weather protection of roof and
    exterior walls, including unbroken windows and doors.
    (2) Plumbing or gas facilities that conformed to applicable law in
    effect at the time of installation, maintained in good working
    order."

    As far as I am concerned, this is a 'slum lord' property. I realize now I should have called the Health Department and filed a complaint while I was living there, as you must be residing there to talk to them about the property. So now the cycle continues, with no accountability at all for the 'slumlord'.

    Your thoughts?
     
    Last edited: Jan 24, 2015
  5. KatDini

    KatDini Well-Known Member

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    Not your circus, not your monkeys. It's not your problem anymore. If the current tenant has a problem with it, they can deal with it.
     
    army judge likes this.
  6. army judge

    army judge Super Moderator

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    klaasiiekiisses:

    You can take your concerns to the city council. or report any issues the property is causing to your neighborhood to your city's building or inspection departments.

    You might also discuss the issue of slumlords and their properties with your city councilperson.
    As that discussion continues you might mention a specific example, the property in this thread, and what you endured while living there.
    Later in the conversation you might volunteer, along with other citizens, to create a list of properties the city should inspect to protect people and keep your city beautiful.
    That's what i think.
     

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