CanI be served a 3-day pay or quit for a rental homethat Iam not currently living in due to a sewer spill?

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CanI be served a 3-day pay or quit for a rental homethat Iam not currently living in due to a sewer spill?

The county placed my family in a hotel to make repairs on the home that I am renting. I am currently 2 months behind on my rent and I had an agreement with my landlord to start making payments towards the back rent. We will be in this hotel for about a month and she has given me a 3-day notice. My 14 month-old daughter has fractured her ankle and has a cast for the next month from a fall at the hotel. I am 7 months pregnant. Can we be evicted from the home before the repairs are done, and if so, will the county no longer pay for the hotel?

Asked on November 5, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Ok so wait a big minute here.  The house is UNINHABITABLE and the county is paying your hotel bill becuase of it.  If a house is uninhabitable - and determined to be so - you may not have to pay rent for the time that you are out of the home.  Or you may be entitled to an abatement of the rent because of the situation.  Now, you did not give many facts about the sewer spill and from what you state here it does not appear that it was the landlord's fault BUT the law may still give you the right to cancel the lease and then the landlord would have to go after the county.  Listen, your daughter was injured and for that injury you need to go and see an attorney in your area for a consultation.  At the sale time you need to speak with him or her about the issue with your housing and what you can do.  If you do not pay then your landlord has to start eviction proceedings.  Let her and then put in an answer that states that the apartment in uninhabitable and that you are entitled to an abatement.  But legal help would be best and less stressful for you at this time.  Stay calm. Your health is most important.  Good luck.


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