Can I sue my landlord for leaving me without a working bathroom for more than 2 days?

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Can I sue my landlord for leaving me without a working bathroom for more than 2 days?

Asked on September 9, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer is yes you can, but why bother?

All rentals have what's known as the implied warranty of habitability, or the obligation, imposed by law, to provide a rental that is fit for its intended purpose--such as residency. Lack of a working bathroom can violate that warranty.

However, damages--or the compensation you could receive--is limited to an abatement, or reduction or rebate, or rent for the time you lived with the condition. Say that your rent is $1,200 per month, or $40 per day. Even if a court credited you with a complete rent reduction for those two days--that is, you should not have to pay any rent while without a bathroom--the most you would get is $80, which does not seem worth the cost, time, or trouble of a lawsuit.


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