Am I entitled to sue in small claims court if I recently discovered mold in my apartment and have had severe insect problems which took months to fix?

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Am I entitled to sue in small claims court if I recently discovered mold in my apartment and have had severe insect problems which took months to fix?

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you could sue the landlord, including in small claims court. All rental premises have what is known as the "implied warranty of habitability," or the obligation that the premises be fit for their intended purpose (in this case, for residence). Mold and insect problems can violate the warranty, if severe enough. If the warranty is violated, tenants may be entitled to monetary compensation in the form of rent abatement (a retroactive reduction in rent for the time they lived in impaired conditions).


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