When can a child speak for themselves in court?
When can a child speak for themselves in court?
Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the …
Can a 10 year old testify in court?
California does not have a minimum age requirement in order for a child to be permitted to testify in court. Instead, judges are given discretion to determine whether a child is competent to testify.
What are bad living conditions?
improper building construction or poor maintenance of living quarters. buildup of animal or human waste. insect and/or vermin infestations. non-functional utilities such as water, gas, or electricity.
What makes a house unfit for human habitation?
Unfit for human habitation does not mean uninhabitable. A minor defect will not in itself make a property unit, but if it causes a risk to health or safety, or undue inconvenience, then a property may be unfit for human habitation.
What deems a house unlivable?
In California, habitability includes the following specific warranties: A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following: Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
Does black mold make a house uninhabitable?
The state of California recognizes that the presence of toxic mold in a rental home or unit can lead to severe health problems in tenants, thereby violating the implied warranty of habitability. Additionally, the law applies if the mold is a threat to the tenant’s health.
Can mold make a house uninhabitable?
Mold, Mildew, and Water Leaks Not all water leaks amount to a “major issue” or immediately make a property uninhabitable. This falls into the category of “environmental hazards,” which can also include exposure to lead paint dust (common in older properties) or asbestos insulation.
What can I do if my landlord won’t fix mold?
Consider your options if your landlord doesn’t fix the problem.
- Sue your landlord. You can bring a lawsuit to force your landlord to clean the mold and fix the underlying problem.
- Withhold your rent.
- Fix the problem and deduct the cost from your rent.
- Move out.
What is a Category 1 hazard?
If a hazard is a serious and immediate risk to a person’s health and safety, this is known as a Category 1 hazard. If a hazard is less serious or less urgent, this is known as a Category 2 hazard.
Can you sue a landlord for not fixing things?
Housing Discrimination: If your landlord has violated the terms of the Federal Fair Housing Act, you may have a legal case against them. Unit Is Uninhabitable: You can file a lawsuit if your landlord refuses to make repairs that affect your health and safety.
How do you prove landlord negligence?
To prove a claim for negligence, a tenant must show the following:
- The landlord had a duty to reasonably maintain the property;
- The landlord knew or should have known of the dangerous condition;
- The landlord breached their duty by failing to repair/fix the dangerous condition;
What can I do if my landlord won’t do repairs?
If your landlord won’t do the repairs. Keep paying your rent. If you don’t, you’ll get into rent arrears and your landlord might then try to evict you. You can complain about your landlord or complain about your letting agent if they won’t do the repairs.
Can I withhold my rent if repairs aren’t done?
In general, tenants do not have the right to withhold rent if the landlord does not carry out repairs. Doing so could jeopardise the tenant’s right to remain in the accommodation. In certain circumstances, however, a tenant can pay for repairs and deduct the cost from future rent.
On what grounds can you withhold rent?
This is called “rent withholding.” Tenants have a right to withhold rent because landlords are obligated to provide safe and habitable housing under the warranty of habitability. If a landlord breaks this obligation, a tenant’s obligation to pay the full amount of rent stops until repairs are made.
How do I ask my landlord to fix things?
Here’s the best way to ask your landlord for repairs—and actually get results.
- Make sure the repair is actually your landlord’s responsibility.
- Document the problem thoroughly.
- Ask your landlord in writing to make the repair.
- Send your landlord a letter with return receipt requested.
- Wait for your landlord to respond.
How long can your landlord leave you without a shower?
48 hours
How long can your landlord leave you without hot water?
24 hours. Under Section 11 of the Landlord and Tenant Act 1985, you have the right to expect your landlord to carry out repairs in a ‘reasonable time’. If it’s an emergency repair as you’ve got no heating or hot water, your landlord should fix this in 24 hours.
