Toxic exposure from violation of title X

[Lindsayanne883]

A. Begining
- Denied right to see property till move in date 4/1/2013
-No lead disclosure or any type of disclosure ever given before or at any point from signing lease on 3/26/2013 to current
-oral agreement to repair and deduct (told the house only needed a quick clean and probably a new paint job)
-falsely represented house is uninhabitable
-at time rent owed we had to always pay full amount 200 was only ever deducted off pet deposit for one month
-landlord pushed us and encouraged us to keep working on house but always claimed he couldn't deduct or do by law necessary repairs because financially unable / dealing with marital issues
- tired of suffering we decided to withhold rent and had building inspector come out which resulted in our favor toward house uninhabitable
-landlord gives 3 day pay or quit followed by unlawful detainer
- through all this I'm getting sicker not knowing why till my husband tested all this red paint in the entire house
- house built in 1937 and covered in lead which we have been sanding and doing construction disturbing it and I was home doing most of sanding inhaling large amounts - blood levels 25-45 dl ... And has been a strain on my life and made me sick and now I notice obvious signs
- judgement of unlawful detainer resulted in our semi prevalence of him breaching implied warranty of habitability and rent reduction from 850 to 650 UNTILL repairs made and we had to pay 1200 back rent for 2 months missed
- no repairs have been made at all no contact from landlord nothing
-I'm sick this house is killing me we made the lead known in court and I don't want to stay here I want to sue for everything possible
-violation title x
-Negligence per se
- damages and emotional distress
- everything we paid to him and into his rental house
- distress of having to live here
- invasion of privacy - filmed without permission
- using personal info on rental app to look me up- and then divulged info to the neighborhood along with all the other case issues
- had his tenant our next door neighbor threaten to shoot us because they have personal relationship and he claimed were stealing from them
- we filed police report
-landlord is in violation of both federal and state disclosure laws
- violation of health code laws- asbestos - lead-mold
- I'm sure more that's just my extent of research done
-

 

[disagreeable]

It appears to have been habitable until you made it uninhabitable by disturbing the lead paint and not cleaning it up.

 

[Lindsayanne883]

No that's not the case being I was given permission to and if you knew what title x was you would realize that I was never given any disclosure of lead on the property the house has been this way for years I had the previous tenant as a witness to that he's a slumlord and has been careless to let me the tenant know of lead and because of it I'm being poisoned and I didn't have to uncover it. It was the first layer and I sanded it because it was chipping. If I was told it was lead paint I wouldn't have rented the property, knowing now how little it takes to cause irreversible harm

 

[Lindsayanne883]

Furthermore a judge and the housing inspector of state of california deemed it uninhabitable not for the lead but for structural issues pest infestation substandard electrical and draining problems in basement all there before me and its only been 4 months since I moved in I couldn't do all that in 4 months

 

[mightymoose]

So if you are unhappy why not move out?
You have the reduced rent you asked for. It seems you aren't going to get more than that. The landlord apparently isn't going to repair anything.

You chose to move in without seeing the place. You could have demanded inspection and refused to move in without it.

As for the paint are you able to prove landlord knew it was lead paint and there was a health hazard? Why didn't you use protective equipment anyway? You likely had a certain amount of responsibility on your own.

You are wanting to go after this landlord but it seems your best option is to move out. You likely don't have anything to gain by staying, and the landlord doesn't have anything to sue for even if you had a good case to make.

You are going to owe something to the landlord as long as you live there and you are very unlikely to ever get anything back.

 

[Lindsayanne883]

Well for one I wouldn't be responsible because I have written permission by the landlord and no disclosure. Two the EPA which have finally showed up to investigate this morning have decided other wise , and they do their own investigating and it seems he most certainly did know of the lead putting him in the hot seat not me all I did was try to make my home more enjoyable as that is my right to do so and you fail to remember I didn't cause the asbestos to be free and blowing in my face and I am 24 years old and female and I didn't know to look for these things but because of that I deserve to be sick now? And I'm glad you are capable of just packing up and moving at any givin moment I however like in reality and most people these days can't I'm a nurse I make decent money but not enough to just pack up and go some where else. The landlord has broken both state and federal laws and because of it he's caused harm to another human being . I did not break the law I exercised my right as a tenant.

 

[Lindsayanne883]

I just want advice from a real lawyer who knows about this area of law and possibly a refferal in my area that would be willing to take a case like this

 

[mightymoose]

If you think you can prove the landlord knew if the conditions then you might have something to work with, but again it seems you are likely wanting to get blood from a turnip.
Landlord may have failed to notify you, but you choose to do the work without proper safety equipment apparently... equipment you should have used whether you had the disclosure or not.
You say the landlord is broke or at least acts like it. Is there a current insurance policy from which you might be able to collect something? It's such an old home and in poor shape... I wouldn't be surprised if coverage is minimal and if no help to you.
Do you have renters insurance? That might be very useful to you.
At some point you will also have to explain why you moved in without inspecting the property, and you likely will have to explain your ownexpertise
/experience and inspection prior to beginning your work.
Still, if the house is not safe to be in there is nobody forcing you to stay there. The judge awarded you some relief in the rent and that is likely all you are going to get. The landlord will continue to collect that until you move out without ever fixing anything. Stop giving him money and move along to a healthier home.

I believe there is a link for referrals on this site if you browse around for it in the menus. If you insist upon posing the landlord for damages you can do so without still living in a health hazard.