by Paul MankinThe Dangers Of Residential Water Damage
On behalf of Law Office of Paul Mankin on Tuesday, May 29, 2018.
As a tenant, you are responsible to inform your landlord when a leak occurs. However, it is the landlord’s responsibility to repair the leak immediately. Failure to do so right away can lead to serious water damage in your home.
Plumbing issues can cause more than just a high water bill or a flooded bathroom. They also can result in major property damage and health hazards. If your landlord does not fix the problem, you can hold him or her legally accountable for any injury it causes you.
Personal property damage
In the case of flooding, the water will ruin your personal belongings. Waterlogged items are usually not salvageable due to material or health risks, or they may be very expensive to restore. Instead, you would need to buy new things.
Structural compromise
Often, leaks are not readily apparent. They can occur unknowingly inside the walls and beneath the floors. Over time, the water can weaken the structure of the building, making it unsafe to live in. It also can loosen, dampen, stain or damage in any other way water fixtures and cabinets.
Health risks
Plumbing problems put your health at risk in two ways. First, the water may carry germs in it, such as in the case of the sewage backing up or a toilet overflowing. Second, the continual presence of water helps mold and mildew to grow in the moist area. Mold and mildew are fungi that harm your health, with toxic mold being the most dangerous. You can experience an allergic reaction, respiratory issues or changes in mood, such as depression. Babies can develop asthma from constant exposure.
Signs of leaky plumbing
When a leak is not obvious, look for the following signs:
- Stains on the walls, floors or ceiling
- A musty smell
- Loose tiles or curling vinyl flooring
- Puddles on the floor
- Unusually high water bill
- Ticking water meter even when no water is in use
If you notice these signs, call your landlord right away.
by Paul MankinCan You Legally Break Your Lease?
On behalf of Law Office of Paul Mankin posted in blog on Friday, April 27, 2018.
If you signed a lease when you moved into your California home or apartment and now find that you must move even though your lease term still has several months to go, you probably wonder if you can legally break your lease. The answer is yes, but only under certain circumstances.
Bear in mind that having a valid reason for breaking your lease is not necessarily the same as having a legal reason to do so. For example, if you must relocate because of your job, that is a valid reason to move, but not a legal reason to break your existing lease. Without a legal reason, your landlord can continue to charge you for each remaining month’s rent and does not have to return your security deposit. If you simply move out without giving a reason, and giving your landlord the opportunity to fix any problems that exist in your home or apartment, you face the possibility of losing your deposit and paying potentially substantial amounts for a dwelling in which you no longer live.
How legal is your lease?
Before resigning yourself to remaining where you are, carefully reread your lease. It is possible that your lease never was a valid one. Check to see whether or not it contains the following:
- A specified beginning date and end date
- A list of responsibilities that your landlord must assume
- A list of responsibilities that you must assume
If your lease contains no end date, it is not a legal lease. In addition, if it does, but that date has passed and you are still living there, you are not currently living under a lease, but rather under a month-to-month tenancy. If this is the case, you have no lease to break. All you need do is give your landlord 30 days’ notice that you are moving.
Did your landlord breach the lease?
A lease is like any other contract. It must spell out what each of you agreed to do during the lease term. For instance, most leases say that your landlord will provide the stove, refrigerator and other specified appliances, but that you will pay the gas and/or electric bills you incur for their usage. If your refrigerator has stopped working and your landlord refuses to repair or replace it, (s)he has breached the lease and you have a legal reason for moving early without penalty.
Whether or not your lease talks about habitability, you have the legal right to live in a home or apartment that is, in fact, fit for human habitation. Under California law, your landlord cannot force you to live in or pay rent for a building or unit that does not meet housing code requirements. Housing code violations are one of the most common reasons why tenants can legally break their leases.
by Paul Mankin3 Options To Consider If Your Landlord Is Not Making Repairs
On behalf of Law Office of Paul Mankin posted in blog on Saturday, March 31, 2018.
As a renter in California, you deserve a habitable rental unit. Your landlord has legal responsibilities for making necessary repairs and maintenance. If your apartment is unhealthy or unsafe and your landlord refuses to resolve the issue, you probably feel angry and are wondering what you should do.
Thankfully, California laws provide you with various actions to take against a negligent landlord. Here are the remedies you should consider if you are dealing with an unresponsive landlord.
1. Withhold rent
You may be able to stop paying a portion or full amount of your rent if your landlord is not fixing severe defects. According to the State of California Department of Consumer Affairs, here are some apartment defects that may justify withholding rent:
- Lack of heat in multiple rooms
- Consistent infestations of mice, rats or cockroaches
- A collapsing ceiling
- Exposed and faulty wires
- A dangerous stove that was illegally installed
- Plumbing blockages
In order to take the rent-withholding route, there must be severe health or safety violations. Before you stop paying rent, read about your other options below and consult with an attorney.
2. Repair and deduct
If the conditions in your apartment are not as serious as the ones listed above, you may have the ability to deduct a certain amount from your rent to recover repairs. Some conditions that may lead you to take this step include no hot water, a gas leak or a leaking roof when it is raining.
3. File a lawsuit
Another option is for you to sue your landlord. You can pursue a lawsuit without even trying other remedies first. If your landlord fails to resolve serious habitability defects in a timely manner, you may be able to take him or her to court. However, you must meet certain standards for your situation to warrant a lawsuit, such as getting a housing inspector to investigate the habitability issues.
Before you move forward with any of these actions, make sure you talk to a lawyer to figure out your best option.
by Paul Mankin3 Signs Your Apartment Is Unlivable
On behalf of Law Office of Paul Mankin posted in blog on Monday, March 5, 2018.
Is your apartment uninhabitable? California rental laws require apartments to suitable for humans to live in, free of hazards that put the safety and health of occupants at risk. Landlords are legally responsible for making rental units livable, conducting repairs throughout the rental term and maintaining the premises.
Is your landlord not holding up his or her end of the agreement? Here are some signs your apartment is uninhabitable.
1. Mold
One environmental hazard that may make your rental unit unlivable is mold. Mold may cause significant health problems, including:
- Asthma
- Nausea
- Rashes
- Fatigue
- Cognitive problems
Mold appears in various places and may take various colors and smells. It may be present in paneling, fabric, ceiling tiles, paint, under floors or hidden behind walls. Mold may be green, black, white or gray. Some types of mold have a putrid scent while others may go unnoticed for a long time.
2. Pests
No one wants to live in an apartment with any pests, such as:
- Cockroaches
- Rats
- Mice
- Bedbugs
When any of these creepy crawly or furry friends are in an apartment, they can wreak havoc. Pest infestations can result in serious health issues. No one wants bugs crawling around or rodents leaving droppings everywhere.
3. Lead paint exposure
The paint in your apartment may be poisoning you. If your apartment contains any lead paint, you may breathe it in and deal with severe health problems. Symptoms of lead poisoning include difficulty with concentration, irritability, joint pain and abdominal pain. Lead poisoning is especially a concern if you have any children or pets. Kids and animals may swallow lead paint chips and suffer catastrophic consequences.
If you are dealing with any of these safety violations in your apartment, the good news is that the law protects you. Hold your landlord responsible. Talk to a consumer protection attorney about what you can do to make your apartment a livable environment.
by Paul MankinAre You Afraid Of Landlord Retaliation?
On behalf of Law Office of Paul Mankin posted in blog on Wednesday, February 28, 2018.
Many people live in conditions that are untenable. For example, a landlord might do nothing about a bedbug infestation, broken door and leaky toilet. As a result, the tenants deal with a lot of stress and worries about their health and safety. Even friendships can suffer when children do not want to bring their friends over to the house or apartment. In such situations, it is natural for a tenant to want to bring a landlord to court to force the issue.
However, what stops many is the fear of landlord retaliation. The apartment or house may be in conditions considered unlivable, but “at least” it is somewhere to go. It is a roof over your head. If a landlord retaliates, you and your children could be living out in the streets. The good news is that a landlord should not be able to retaliate, and the law is clear and strict on this issue.
Half a year
California law actually assumes that a landlord is acting in a retaliatory manner if he or she tries to evict you within six months of you filing a lawsuit or making a complaint. However, there can be exceptions to this rule. For example, you must have been paying your rent. That said, the default assumption falls squarely on your side, that the landlord is trying to get back at you for exercising your rights. It is up to the landlord to prove that is not the case, which is often difficult.
Going further, if your landlord is trying to retaliate against you and you are able to prove that in court, you could collect damages under the Fair Employment and Housing Act.
Of course, six months is half a year, and that may not seem like much when time passes in the blink of an eye. It does give you a window of opportunity to find another housing situation, and no matter the time frame, a lawyer consultation may clarify your options going forward.
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 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.