Please clarify the legal application of "Constructive Eviction" & "Implied Warrantee of Habitability" to the following situation: A one year lease was signed with a San Diego, CA large apartment complex Landlord who failed to provide an apartment free of health & safety hazards. The toilet over-flowed contaminated the entire apartment's carpeting & flooring. The flushing mechanism was never repaired. The tap water smelled so bad & made tenants extremely ill forcing bottled water used for dish washing & bathing as well as drinking. The heater thermostat control failed to regulate heat that remained too hot. The electric stove manual controls never tuned off. This landlord failed to correct these health & safety hazards. Tennant gave verbal notice of vacating on Jan. 3,2015 to leave Feb. 1,30 days before March 1 end of lease. Landlord has $500.00 cleaning deposit and all rents have been paid except the last 30 days. Now Landlord is harassing tenant for $900.00 for lack of 30 day notice & cleaning fee.
What are tenants rights in this situation?
