How much time or what other recourse do I have to have a plumbing problem repaired by my landlord?

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How much time or what other recourse do I have to have a plumbing problem repaired by my landlord?

I live on the bottom level of a 3 story unit and earlier today a contractor replaced the vinyl flooring in the bathroom above mine as it was damaged by a leaking toilet. After the repair the contractor flushed the toilet and water came pouring into my bathroom through the dropped ceiling. I called the management company and reported the problem. Then 6 hours later it again rained toilet water in my bathroom. Since this is waste water (a bio-hazard) can I force them to bring in a certified cleaning crew after the repairs?

Asked on December 3, 2011 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Absolutely. It would make your unit uninhabitable and a violation of not only local codes but most likely state law, as well. You need to inform your landlord that he or she needs to immediately rectify this situation while he pays for your stay in a hotel. The longer you need to live elsewhere, the more you can take off of your rent. You can try to mitigate by hiring someone to come to fix the problem by code (make sure the company is certified) and deduct the cost from your rent...this is of course if your landlord refuses to fix or takes too long to fix.


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