by Paul MankinWhat To Do If Your Landlord Will Not Fix Your Apartment
On behalf of Law Office of Paul Mankin posted in blog on Tuesday, January 30, 2018.
Renting an apartment comes with many benefits, such as community amenities, no property taxes and free maintenance. However, what if your landlord does not make repairs? What are you supposed to do?
The law allows you to withhold rent, deduct the cost of DIY repairs or abandon an uninhabitable living space. However, you must meet the requirements and follow the procedure correctly. Any mistakes can work against you and cause your landlord to begin the eviction process for nonpayment. It is better to take the following steps first instead.
Gather evidence of the problem
First, you must prove that the issue exists. Take pictures of the problem, such as mold or bedbugs, and any damage it has caused to the property and residents. Include evidence of the negative effects it has had on your health. Examples include paperwork for medical treatment and the ensuing bills. You can use this proof to show your landlord the severity of the issue and to build a case against him or her if the repairs do not happen.
Document your maintenance requests
To back up your claim, you need to be able to show that you have asked your landlord to repair or replace whatever is causing the problem. Otherwise, your landlord can insist the blame lies with you for not notifying him or her. It is best to make a phone call and write a dated letter, which you should mail or deliver, and ask for a receipt of notification. Make sure that you are always respectful in your requests, too.
Report violations
If your health or safety is at risk, report the violation to the local health department for it to open an investigation. It may only take getting a third party involved for your landlord to stop ignoring your requests and make your housing inhabitable.
Take legal action
If your landlord still refuses to provide you with the legal right to a clean and safe place, you can sue with the help of an attorney. A lawyer can also advise you on other remedies from the California Department of Consumer Affairs.
by Paul MankinIs It Safe To Live In An Apartment With Lead Paint?
On behalf of Law Office of Paul Mankin posted in blog on Tuesday, January 16, 2018.
“The apartment has lead paint,” is a phrase you are unlikely to enjoy hearing. However, if you have a limited budget, meaning you are also limited in your choice of apartments, then most of the places you are looking at might have lead paint.
The good news is that living in a place with lead paint is not, by itself, necessarily dangerous. Here is a look at why.
The state of the paint
Lead paint mainly becomes an issue only when the paint chips, cracks or peels become part of the dust in your apartment. In other words, it can be a problem if you and others in the apartment could potentially ingest it. In fact, medical professionals advise that pregnant women avoid burning, scraping or sanding old paint because of the danger of lead inhalation.
So, does that mean you are in the clear if the paint looks intact? Maybe. Maybe not.
Who might disturb the paint
If you are living alone, you would know to leave the paint alone. However, if children live with you, they could potentially disturb the paint even if you warn them not to. One thing is for sure: The second you notice that lead paint has become an active risk, it is time to take action. Steps to follow include documenting the issue and explaining it in writing to your landlord. If medical attention is necessary, be sure to save all bills and documentation in case you seek compensation later (a blood test can show the presence of lead poisoning). If your landlord does nothing, the California health department and a lawyer may be able to help.
The bottom line
It is a good idea to avoid living in a place that has lead paint if you can help it. However, many people do live in places where the lead paint is in good condition, and they suffer no health effects from it. Do take the necessary precautions if you notice that the paint’s condition has changed.
by Paul MankinAct Early If You Suspect An Issue With Your Landlord
On behalf of Law Office of Paul Mankin posted in blog on Tuesday, January 16, 2018.
Many landlords treat their tenants fairly, and many tenants follow the terms of their rental contracts. Sometimes, though, there are situations where landlords fall down miserably on their duties. Their negligence may even leave an apartment or house uninhabitable with a lack of heat, an infestation of bedbugs or cockroaches, or a leaky roof, to name just a few examples.
Often, multiple problems occur at the same time. The thing is that, in some situations, these problems may have started with just one single issue. Here is a look at why it is critical for tenants to take action as soon as possible even if they think they are dealing with just one relatively easy problem.
Good landlords tend to stand up in all areas
Quality landlords tend to be good across the board. That is, if they care about your roof leaking, they also care about holes in the windows and bedbug problems. So, if you encounter a landlord who keeps saying he or she is aware of your issue and is looking into solving it but time drags on … and on … then you may have a landlord who does not care about your needs and about the law. Meanwhile, your issue has gotten worse. What happens when other problems pop up, as they almost inevitably will? More landlord ignorance, most likely.
It could be that your landlord has been attentive in the past or your relationship is goodand you want to give him or her a chance to remedy your situation even if it has been too long. Just remember that quality landlords really do take care of you in all areas. It takes just one area of neglect for a landlord to lose credibility. When inaction happens, the original problems worsen and lead to new problems in a sort of domino effect. It might not be long before you are at a point where your apartment is unsafe to live in.
by Paul Mankin3 Ways Bed Bugs Are A Risk To Your Health
On behalf of Law Office of Paul Mankin posted in blog on Thursday, December 28, 2017.
Bed bugs can be more than a simple nuisance; they are also harmful to your health. Do not take a bed-bug infestation lightly, because you and others in your home or apartment may experience health problems. In fact, the EPA says that these pests are a public health issue.
If you have bed bugs, they can have an impact on the physical and mental health of everyone who lives in the home or apartment. Here are some of the ways bed bugs can affect your health.
1. Allergic reactions
Certain people do not have any reactions to bed-bug bites. However, bites from bed bugs often have the following symptoms:
- Bites in a small group or line
- Bites that are swollen and red with a darker center
- Blisters or hives
You may initially think these are bites from mosquitoes or spiders, but do not rule out the possibility that bed bugs are biting you. In some cases, bed bug bites can cause severe allergic reactions such as anaphylaxis. Serious allergic reactions may require treatment with antihistamines or corticosteroids.
2. Infections
While bed-bug bites by themselves do not cause infections, they can cause secondary infections such as ecthyma, impetigo and lymphangitis. Repeatedly scratching the bites may cause your skin to break open and contract an infection.
3. Mental health problems
Believe it or not, bed bugs can have an impact on your mental health. They can disturb your sleep, make you feel anxious and contribute to depression. Living quarters with bed-bug infestations can cause a lot of stress.
Despite the fact that “Do not let the bed bugs bite” is a fun bedtime saying, bed bugs can cause you to become itchy, infected and anxious. No one deserves to live with these health complications of an infested home or apartment. You may need to consider legal action if your landlord does not remedy your situation.
by Paul Mankin3 Things Every Tenant Should Know About Lead Paint
On behalf of Law Office of Paul Mankin posted in blog on Friday, December 8, 2017.
When you sign a lease and move into a new home or apartment, you likely do not expect that it will be a hazard to your health and the health of your family. This is exactly what happens, though, when there is lead paint present in your home. It is a well-known fact that this poses a serious risk to tenants, but it sometimes still appears in apartments and homes built when the use of lead paint was common.
Your landlord should disclose the use of lead paint, but sometimes he or she does not do this. Whether you have lived in your home for two years or two months, there are several things you need to know if you suspect that there is lead paint in your home that might be compromising your health.
1. Most lead is in buildings pre-1978
Once consumers became aware of the risks of lead paint, there was a ban put on it so that manufacturers could not make or use it. This, however, was in 1978 — and by that time, countless homes already had lead paint in the interiors. If you suspect there may be lead paint in your home, you should find out what year the owner or contractors built it. If it’s pre-1978, your suspicions may be correct.
2. Children and fetuses are at risk
Lead paint is a risk to any inhabitant of your home, but it is especially harmful to children. If they breathe the fumes or inhale the dust, they may suffer lead poisoning. Though this often has no symptoms, it is serious and can even be fatal. Pregnant women should be particularly cautious as lead poisoning can pass to the fetus and seriously harm an unborn child.
3. Landlords may be partially liable
According to SFGate, there are a number of laws dictating how California landlords must handle lead paint in their properties. If landlords renovate the property, they must remove and replace lead-based paints, and if they are aware of the presence of lead paint, they must disclose this to tenants. Failure to comply with either of these mandates is a serious legal violation.
by Paul Mankin3 Signs Your Apartment Is Uninhabitable
On behalf of Law Office of Paul Mankin posted in blog on Friday, September 29, 2017.
When you originally moved into your apartment in Los Angeles, you were probably excited. With a fresh coat of paint, new carpet and working appliances, you were happy. But now, the honeymoon has ended. You might be dealing with unlivable conditions or late repairs.
Do not neglect the warning signs of an uninhabitable apartment. Your landlord has a legal responsibility to make sure you live in a comfortable, healthy and safe environment. Here are three indications your apartment has become uninhabitable.
1. Mold
Exposure to mold can cause allergic reactions. While mold allergens are not toxic, they can cause significant irritation, including:
- Respiratory problems
- Red eyes
- Skin rash
The exact effects depend on various factors, including whether you have mold allergies and what type of mold is present. According to the California Department of Consumer Affairs (DCA), mold that affects your health and safety or the livability of your apartment is a violation of the warranty of habitability.
2. Cockroaches and bedbugs
You do not want to see a cockroach scurrying across your floors or walls. Apart from physically seeing a roach, you might also see cockroach feces or egg casings. Cockroaches can transmit diseases and exacerbate asthma. You might also notice bedbugs in your bed or in piles of clothes. Bedbugs can cause rashes and itching. The DCA states your apartment may be considered unlivable if it is not free of vermin.
3. Lack of heating
Even in Los Angeles, it can get cold in your apartment. Your heater should be in good working order according to the DCA. If your heating facilities are not operational, your landlord may be violating the housing code.
Any of these three conditions can result in significant discomfort and health complications. If you notice any of these hazards, you should let your landlord know. If you do not get a prompt response and solution, you should consider taking legal action.
by Paul MankinWhy Cockroaches In The Home Are A Danger To Your Health
On behalf of Law Office of Paul Mankin posted in blog on Friday, September 8, 2017.
There are certain critters and creatures you never want to see in the place you call home, and cockroaches tend to rank high on the list. In addition to their unsightly, unsettling appearance, cockroaches can actually impact your health negatively, so it is in your best interest to have them removed from your home as quickly as possible while taking strides to keep them out for good.
Common grounds for cockroaches
If your apartment or rental home has cockroaches, you will most likely encounter them in the kitchen or bathroom, as they gravitate to areas where food and moisture are plentiful. You may also be more likely to find them in your home if you live in a multi-unit apartment building, because an infestation in one apartment can quickly spread to others in the same building.
Health concerns
While cockroaches are unappealing and often smelly, they can also impact your and your family’s health. Often, people who are exposed to cockroaches in the home complain of symptoms including respiratory issues and gastrointestinal distress. Many people with allergies are also sensitive to cockroaches and the debris they leave behind, which can lead to asthma attacks, particularly among children. This is primarily the case because younger children are more likely to spend considerable time indoors where they exposed regularly to cockroach antigen and other allergens.
Eliminating cockroaches
If you are a renter and find evidence of cockroaches in your home, contact your landlord immediately. He or she has a duty to remove them promptly and efficiently. In the meantime, you can take steps to reduce their reappearance by promptly cleaning up food and dishes, seeing that any leaky pipes or fixtures are repaired and reducing clutter in your home in areas cockroaches may like to hide.
Eliminating cockroaches is crucial, but so is preventing them from coming back. Talk to your landlord about a plan to remove them from your home once and for all.
by Paul MankinPossible Indications Of Lead Paint Exposure
On behalf of Law Office of Paul Mankin posted in blog on Wednesday, September 6, 2017.
Lead poisoning can have serious, lifelong effects, and children are often among its littlest victims. Even though lead paint is no longer in use, it remains prevalent in many older buildings, and your landlord has a duty to warn you of any potential exposure risks and minimize them as much as possible.
Most lead poisoning cases result from prolonged exposure, and children are often particularly susceptible if they live in homes that have chipped or peeling paint, and if they tend to place things in their mouths. If you suspect your child may have lead poisoning, keep an eye out for the following possible symptoms:
Potential signs and symptoms of lead exposure or poisoning
Following prolonged exposure to lead, your child may experience cramping, vomiting or constipation. He or she might also develop headaches, anemia, high blood pressure or “pins and needles” sensations throughout his or her extremities. You may notice emotional and behavioral changes in your child as well, as he or she may become more irritable, aggressive or fatigued than typical. You may also notice a reduction in your child’s developmental skills, and this may be more common among younger children.
Symptoms of high-dose exposure
In rare cases, your child may suffer exposure to large amounts of lead in a short period. In such cases, you should seek immediate medical treatment, so be on alert for severe abdominal cramping or vomiting, seizures, stumbling around when walking and muscle weakness.
Potential long-term effects
The possible long-term effects of lead exposure are considerable, and this is again particularly true among children, who have brains that are still developing. If your child is repeatedly exposed to lead at a young age, it may lead to decreased academic performance, low IQ, hearing problems, learning struggles and growth delays.
If you believe your children are at risk of lead poisoning because of your living conditions, notify your landlord immediately.
by Paul MankinCan I Move Out Before My Lease Is Up?
On behalf of Law Office of Paul Mankin posted in blog on Friday, August 4, 2017.
Renting an apartment in the Los Angeles area comes with a lot of rules. Knowing your rights and responsibilities can help you avoid many types of difficult situations.
One common question people ask is whether they can break their lease. There are many reasons a tenant might want to move out before the lease is up. Maybe you found a better place, took a job in another state or are sick of dealing with problems at your current location. Certain circumstances do allow you to break a lease.
Terminating for uninhabitable conditions
California landlords bear the responsibility of ensuring habitable conditions for their tenants. Failure to do so may entitle the tenant to legally end the lease and move out.
Before doing so, you must notify the landlord of the problem and allow a reasonable amount of time for repair. You may use any method to notify. However, in the interests of having proof in case of later challenges, you may want to send written notice via certified mail.
What amount of time is reasonable to wait for repairs depends on the specific condition. While most people can wait a few days for an exterminator to address an infestation, hazardous conditions such as faulty wiring may need immediate attention. You may want to document ongoing conditions by taking photographs.
Your penalties and the landlord’s duty to mitigate
If you do not have legal grounds to end the lease prematurely, you may have to pay the landlord for any months left on your lease that another tenant does not take over. For example, if you have three months left on your lease and the apartment stays vacant for two before someone else rents it, you may need to pay two months’ rent.
However, landlords have a duty to mitigate their losses. This means a landlord cannot simply let your apartment stay vacant and collect rent from you for the rest of your lease. The landlord must actively seek other tenants. If he rejects prospective tenants, he may lose the right to collect rent from you.
by Paul Mankin3 Common Signs Of A Bed Bug Infestation
On behalf of Law Office of Paul Mankin posted in blog on Tuesday, July 11, 2017.
Bed bugs cause discomforting living conditions. If you wake up itchy or notice other suspecting signs, you might be wondering if you have an infestation. You might brush off some signs at first only to realize the problem is worse than you thought.
While detecting a bed bug infestation might seem difficult at first, you can start by looking out for a few clear signs. Keep reading to learn about the most common symptoms of bed bugs in your apartment with information from the United States Environmental Protection Agency.
1. Red and itchy bites
Are you noticing marks on your body each morning? If you see red welts appearing in small clusters, zigzag lines or straight rows, bed bugs might be biting you. The most common place for bed bugs to feed on humans is on exposed skin, such as your hands, arms and shoulders.
2. A gross bed
If bed bugs are biting you, they leave blood stains behind. These stains are usually small and look rusty. Look for stains near the edges and corners of your bed. There may also be dark spots due to excrement. You might also notice shedded skin in the form of brown exoskeletons.
3. An unpleasant smell
A bed bug infestation is characterized by a strong and musty odor. This happens because bed bugs release pheromones. This odor is similar to the smell of a wet towel. If your room is smelling similar to a dirty locker room but you are not leaving wet towels everywhere, you might have a problem.
Bed bugs can cause various types of discomfort and inconvenience. You can develop serious welts that result in scratching and bleeding. They may also start to stain your clothes. If you have a bed bug infestation, you might be able to sue your landlord for a housing code violation.