Can I legally terminate my lease due to sewage backup/contamination and mold growth?
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Can I legally terminate my lease due to sewage backup/contamination and mold growth?
The incident occurred over a week ago and repairs have been made for plumbing but there was no proper decontamination/sanitation performed. A technician was sent out to install drying machines that ran on my electricity for a little over 3 days. There is still a foul mildew smell inside my house and there is remnants of sewage along with mold growth in my garage which is directly attached to my unit. Many of my personal belongings have been contaminated as well. Is this considered a habitability issue?
Asked on June 17, 2012 under Real Estate Law, California
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease there is an implied warranty of habitability which requires the landlord to maintain the premises in a habitable condition by complying with local and state housing codes. When there is a breach of the implied warranty of habitability, the tenant notifies the landlord as you have done, and the landlord is required to respond within a reasonable time by making the necessary repairs. The sewage and mold are health and safety issues which constitute breaches of the impleid warranty of habitability. When the landlord fails to respond within a reasonable time by making the necessary repairs, the tenant has the following remedies: The tenant can make the repairs and deduct the cost from the rent or the tenant can move out and terminate the obligation to pay rent for the balance of the term of the lease or if the tenant stays on the premises, the tenant can withhold rent and defend against eviction. Another alternative is to sue the landlord for breach of the implied warranty of habitability. You can also contact the local housing code inspector, who can bring an enforcement action against the landlord for housing code violations.
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