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One month in- already mold, ceiling leaks, clogged toilet, balcony needs resurfacing

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Emcase

Junior Member
What is the name of your state (only U.S. law)? California
Hello, I am in Santa Clarita, CA. I moved with my kids into an apartment less than one month ago. I moved in and immediately realized there was a major leak between the dishwasher and the sink. every time i ran the dishwasher water would pour out of the cabinet under the sink. I asked for it to be fixed. It took days, and they said there was no leak. it is important to note that when I moved in I had the flu and could smell nothing, I would have noticed not only the visible water damage, but the smell of mold and mildew in the kitchen. Every cabinet and drawer between the stove and the dishwasher absolutely stinks. to the point where I will not put anything in them.When I requested that they come yet again to fix the leak, they did come- this was after several emails to the office talking about the mold and the fact that my son has asthma- it is unhealthy in general, but especially so for him. During a phone call, when I asked how this could have been missed during inspection since we are such new tenants, I was told that it was not missed. The visible water damage and mold is to obvious to miss- not to mention the smell. One of the upstairs toilets was completely clogged as well, and was not looked at despite my asking for well over a week. Then A week or more after the leak repair (I have emails so I can be more precise) they sent someone over to assess the mildew. He actually did not come until I had to call about a major leak in our dining room- water was dripping out of the ceiling onto our diningroom table. This was on Thursday of Friday of last week. He saw what I was talking about and said they could start Tuesday on the removal of the mold. The leak was because of an issue with the upstairs balcony which will now need to be resurfaced. The ceiling will need to be cut out, replaced, and re painted. In the meantime, I was hospitalized for three days right after Christmas with a pinched nerve that was not even allowing me to stand much less walk. I am NEVER sick or anything. This is not typical for our family. Due to the flu/pneumonia during Dec and the nerve issue, I was unable to work for a few days. I have only been employed with this company for a few months and had no paid time off. I contacted the leasing office to ask for an extra few days to pay rent. They could not bend the date and have served us with eviction papers. I will be able to make the payment, but after speaking with my parents I cannot help but wonder if I have a case for rent withholding? I am a good tenant. I take good care of my home, have the means to pay rent on time (although this is an exception) and I am not trying to get out of paying the rent- but this seems so excessive. PLease advise, My son sent me a picture of what was happening when he got home from school. They have completely sealed off the kitchen for the removal. They then removed the seal and the smell is atrocious...I am at a loss and feel I am owed SOMETHING...Sincerely, Emily Case
 


FarmerJ

Senior Member
call your city housing inspections desk and tell them about the leaks and ask them if management needs a permit for the work they are doing in the kitchen since it involves the plumbing , If inspections comes out and says that no one can live there while this is all being done then insist they condemn it so you can move out with no penalty.
 

Gail in Georgia

Senior Member
"I cannot help but wonder if I have a case for rent withholding?"

Perhaps...IF management was not addressing the repair issue. However, from your own posting, it appears that management is addressing the repair. Rent withholding (or, in some states, the ability to "Repair and Deduct" from the rent) is an option when management fails to timely address repair issues.

You can consider doing what FarmerJ has suggested; however, if the unit is condemned you would then have to vacate.

Gail
 

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