If a rental unit is uninhabitable and a tenant is asked to vacate until renovations repairs are complete, is the tenant responsible for the rent?

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If a rental unit is uninhabitable and a tenant is asked to vacate until renovations repairs are complete, is the tenant responsible for the rent?

Tenants asked to vacate while repairs are done, due to mold. Repairs were supposed to take a week and took 2 months. Is the landlord responsible to relocate tenants? Do the tenants still pay rent while no living there?

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

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

The landlord is not responsible for housing you elsewhere, however, you have not duty to pay for the premises while it remains uninhabitable...or when you were ousted from the premises.  So, you owe no rent for the period during which you left and in addition, the landlord owes you nothing for your housing costs moving out. 

Tell your landlord in California there is an implied warranty of habitability and you are not required to pay rent during any period in which the premises is uninhabitable.  Mold is a classic scenario in which premises are uninhabitable.

 

Best of luck.


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