How long does a landlord have to fix rain leak in window?

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How long does a landlord have to fix rain leak in window?

We have a 1 year lease until the end of this year. We plan on using the bedroom with the rain leak for our daughter; she is due in 7 weeks (I’m 33 weeks pregnant). The landlord was notified of the problem 14 days ago and still hasn’t fixed it. I also called her again to remind her 4 days ago and she hasn’t responded. According to the weather forecast, it’s going to rain again for 2 days this week so now I’m worried mold may also start to grow since the walls and carpet have also gotten wet. I cannot put my new baby and all her new stuff into a room with a water leak and potentially mold.

Asked on April 22, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, congratulations!  You absolutely need this done asap.  Take pictures of the condition and the damage to be sure.  Generally speaking the repairs should be made with in a reasonable time.  Reasonableness is governed by the facts.  If nothing happens within the next week I would consider going down to landlord tenant court and filing a proceeding to force the landlord to repair based upon a breach of the warranty of habitability, pay your rent in to court and ask for an abatement (reduction) of the rent.  This will get things moving.  Remember to ask for damages if there are any.  Good luck.


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