Broken Plumbing and Sewage Issues in Fullerton Rentals
Burst pipes that cause water penetration and leaking sewage are a danger to your home and to your health. Sewage exposure is a serious health and sanitation concern that your landlord cannot ignore. Working with a habitability attorney who understands the law can help restore your sense of order and safety.
At CD Law, we provide personal advocacy to help you pursue financial compensation for your discomfort and unexpected costs. We investigate broken plumbing and sewage issues in Fullerton rentals and hold landlords accountable. We understand the procedures for filing a nuisance claim and can confidently take your case to court.
Pursuing a Nuisance or Habitability Claim
Both local and state laws are applicable in habitability and nuisance claims. Under California Civil Code § 1941.1, a landlord must maintain the sewage and plumbing system in good repair, or the law considers the property uninhabitable. Civ. Code § 3479 defines a nuisance as anything injurious to health, indecent or offensive to the senses, or an obstruction to the free use of property.
Fullerton Municipal Code § 6.01.030 classifies a sewer system overflow as a public nuisance affecting health and safety. The state’s special injury requirement, in Civ. Code § 3493 and Civ. Code § 3479, permits a tenant to pursue a private nuisance claim when the uninhabitable housing condition creates unique health and safety issues, mental suffering, or interferes with the tenant’s comfortable enjoyment of life. Our experienced attorneys can document evidence related to the broken plumbing or sewage leak in your rental property and commission a report from a city inspector at Fullerton Code Enforcement to strengthen your claim.
Filing Timeline for Nuisance and Habitability Claims
In Fullerton, when you file a nuisance or habitability claim for plumbing or sewage issues at your rented accommodation, you must comply with statutory legal deadlines. Under California Code of Civil Procedure § 338, tenants have three years from the time of the nuisance to file a lawsuit. Working with our legal team, which is familiar with state and local requirements, can ensure all aspects of your claim are accurate and timely.
What Damages Are Recoverable After a Nuisance?
Renters in Fullerton suing for compensation for broken pipes and sewage issues, may recover economic, non-economic, and tenancy-specific damages. Economic damages are measurable financial losses, such as:
- Reimbursement for damaged furniture, clothing, or other personal property
- Relocation expenses if the unit became uninhabitable and a move was necessary
- Medical expenses if the sewage led to illness or other health issues
- The difference between rent paid and the fair market value of the defective unit
Non-economic damages compensate for the emotional effect of a nuisance, including annoyance and discomfort, mental anguish or emotional distress, and loss of quiet enjoyment of the home. Under Civ. Code § 1941.1, tenancy-specific damages, including partial rent refunds for the time the property was deemed unsafe, may be awarded. While, under Civ. Code § 1942.4, an award of penalties, including attorney’s fees, if the property owner fails to fix an unsafe condition within 35 days, may be recoverable.
Speak With a Fullerton Attorney Today About Broken Plumbing and Sewage Problems in Your Rented Property
Broken plumbing and sewage issues in Fullerton rentals can be hazardous and distressing. Instead of enjoying the peace and quiet of your home, you have to deal with horrid smells, disruptive noises, health hazards, and unexpected costs. Do not let this nuisance destroy you
If the sewage pipes burst in your rental, an attorney from our firm can help you pursue the compensation you deserve. At CD Law, we personalize our services to offer you peace of mind through life’s most unexpected moments. Call us today for your free consultation.