What to do if the ceiling in my apartment has had 2 major water leaks from apartment above but my landlord says its not his responsibility?

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What to do if the ceiling in my apartment has had 2 major water leaks from apartment above but my landlord says its not his responsibility?

Asked on March 12, 2012 under Real Estate Law, California

Answers:

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

Answered 10 years ago | Contributor

Well the landlord would be incorrect.  If this is a rental unit - and you used the term landlord so I assume that it is - then the leak interferes with your use and enjoyment and breaks a warranty of habitability.  What you need to do is to go down to landlord tenant court in your area and ask the clerk to allow you to start a proceeding against your landlord to fix the problem, to pay your rent in to court until it is and for an abatement (reduction) in the rent.  Good luck. 


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