In California, there is a Warranty of Habitability promised in every lease. It cannot be waived or contracted around. This warranty requires landlords to fulfill their obligations promised under a written lease. In California, residential landlords are obligated to keep an apartment in a clean, sanitary, safe and habitable condition. We can represent you at no cost to you for a Breach of Habitability claim if you have a written lease and the lease includes an attorney fee’s provision.
WHAT ARE YOUR RIGHTS TO A HABITABLE PREMISES?
In California, an apartment is considered not habitable if there is lack of heat, hot water, electricity, operable windows, operable appliances, operable doors and locks, proper sanitary and safe common areas. Breaches can also include leaking ceilings, toxic mold, carbon monoxide leaks, bed bugs, rodents, and plumbing issues. The landlord must repair conditions that significantly impact your units habitability.
THE LAW REQUIRES YOUR RENTAL UNIT BE HABITABLE
California Law requires that the landlord provide the following to any residential rental property.
• Effective waterproofing and weather protection of the roof and exterior walls, including unbroken
• windows and doors.
• Plumbing, electricity, and gas facilities maintained in good working order.
• Hot and cold running water and a sewage disposal system.
• Lack of heat
• Electrical lighting, with wiring and electrical equipment which is maintained in good working
• Operable windows,
• Working electrical outlets in each room.
• Floors, stairways and railings maintained in good repair.
• Building and building grounds free of trash, rubbish, rodents, and other pests.
• A working toilet, washbasin, and bathtub or shower, in a room which is ventilated.
• An operable dead bolt lock on each main swinging entry door.
• At least one working telephone jack and phone line.
California law states that a Substandard building is a building that has inadequate sanitation, structural hazards, any nuisance, faulty wiring, faulty plumbing, or faulty mechanical equipment. Please review the above list and see which violations exist in your case. If you have any of these violations and signed a lease with the landlord we can represent you at no cost to you.
WHAT ARE THE TENANT’S REMEDIES
The California Supreme Court expanded the warranty and decided that when a landlord’s maintenance of a rental property fails to keep the home or apartment in decent and livable condition, then a tenant is justified in withholding the payment of rent and may have monetary claims against the landlord.
How We Can Help You If Your Apartment Is Uninhabitable
We represent tenants throughout California in Breach of Habitability claims. We can help you if you signed a rental agreement which includes an attorney’s fees clause. Most rental agreements include an attorney’s fees clause.
We can help if your apartment or home has habitability issues. Please contact us today. Please send us your lease so we can determine if we can make a claim on your behalf. You can fax, email or mail to us at 12100 Wilshire Blvd, #1250, L.A., CA 90025, attention: Lease Department.
The attorney’s fees clause allows the tenant to be reimbursed for reasonable attorney’s fees and other court costs if the tenant wins a lawsuit against the landlord for breach of habitability. We will let you know immediately if we can help, Remember, there is No Cost To You.
We also handle violations including leaking ceilings, toxic mold, carbon monoxide leaks, bedbugs, rodents and plumbing issues. If your apartment has these problems other tenants probably do as well so we may be able to represent other tenants as well.
Please call today at 1-800-718-4658. We have offices throughout the state. We have an office or meeting location near you.
We may bring a breach of contract action for damages resulting from the breach of Warranty of Habitability. Succeeding on this depends on whether or not the landlord had reasonable time to repair the violations after the landlord knew of the condition. If the lease contains an attorney’s fees clause for either party, the party who prevails may recover fees.
We may also bring a lawsuit on your behalf to attain a set-off or a rental rebate. We may also claim actual damages, statutory damages and attorney’s fees. In order to succeed we must include a dated pre-litigation notice to the landlord of the specific conditions that need to be repaired.
We can also sue for remedies under local ordinances for nuisance.
Procedural Steps To Be Taken
The tenant first gives the landlord written notice which includes an opportunity to repair the violation or violations. Always give the notice in writing. If the landlord fails (after receipt of the written notice) to make the needed repairs the tenant can make the repairs and deduct the cost from the rent owed or the tenant can abandon (move out) of the rental or the tenant can stop paying all or some of the rent until the problem is fixed.
We will advise you.
Please contact us today. We have offices throughout California and help tenants throughout the state. Call us at 1-800-718-4658 and ask to speak to a qualified team member. You can also email us by completing the form on the right “Do I Have A Claim?”
We are contingency lawyers so we will handle your case at No Cost To You. You will never have to pay a penny out of your pocket. We are paid only if we obtain Attorney fee’s under the lease.
Please call today. Call us at 1-800-718-4658.
We are here for you.