What do I do if asked to move out in seven days from a room I have been renting in a private home since June 2010? 3 Answers as of January 25, 2011

I was served a notice to move because I complained about improper use of roach spray which caused me to have asthma attack. Roach also crawled in 4yr old son's ear under doctors care as we speak hearing has been affected and will be retested to determine permanent hearing loss. I want to move because of the above mentioned issues and last but not least there is no heat in the house, have to use electric heater which only heats the room I rent. what are my options can I sue her for re-payment of my rent or personal injury to myself and son?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You have to have an expert to prove your injuries, then you can sue.
Answer Applies to: California
Replied: 1/25/2011
The Pedigo Law Corporation
The Pedigo Law Corporation | Brian T. Pedigo, Esq.
It sounds like you have claims against the landlord (if your are in California).

The narrow theories of landlord liability under early law were discarded in 1968 when the Cal. Supreme Court effectively ruled that premises liability should be handled under ordinary negligence principles. [Rowland v. Christian (1968) 69 C2d 108, 118, 70 CR 97, 104; see Peterson v. Super.Ct. (Banque Paribas) (1995) 10 C4th 1185, 1196, 43 CR2d 836, 842]

Landlords are now held to the general statutory duty to use ordinary care or skill in the management of their property. They are responsible for injuries proximately caused by their failure to exercise such due care, except to the extent that injured persons, willfully or by want of ordinary care, brought the injury upon themselves. [CC 1714(a); Ann M. v. Pacific Plaza Shopping Center (1993) 6 C4th 666, 674675, 25 CR2d 137, 142; Becker v. IRM Corp. (1985) 38 C3d 454, 467, 213 CR 213, 221;]

Seek a personal injury attorney as soon as possible.
Answer Applies to: California
Replied: 1/25/2011
Click to View More Answers: