If a rental unit is uninhabitable and a tenant is asked to vacate until renovations repairs are complete, is the tenant responsible for the rent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a rental unit is uninhabitable and a tenant is asked to vacate until renovations repairs are complete, is the tenant responsible for the rent?
Tenants asked to vacate while repairs are done, due to mold. Repairs were supposed to take a week and took 2 months. Is the landlord responsible to relocate tenants? Do the tenants still pay rent while no living there?
Asked on June 22, 2012 under Real Estate Law, California
Answers:
Cameron Norris, Esq. / Law Office of Gary W. Norris
Answered 12 years ago | Contributor
The landlord is not responsible for housing you elsewhere, however, you have not duty to pay for the premises while it remains uninhabitable...or when you were ousted from the premises. So, you owe no rent for the period during which you left and in addition, the landlord owes you nothing for your housing costs moving out.
Tell your landlord in California there is an implied warranty of habitability and you are not required to pay rent during any period in which the premises is uninhabitable. Mold is a classic scenario in which premises are uninhabitable.
Best of luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.