Freiman Legal

Is My Home Uninhabitable?

Many factors determine whether a residential rental is uninhabitable including:

1. Damp or leaking ceilings or walls

2. Leaking Plumbing or drainage

3. Missing or broken smoke detectrors

4. Inadequate trash collection

5. Unsafe stairs/railing

6. Defective electrical wiring

7. Holes in walls, carpets or flors

8. Rats, roaches or other insects

9. Falling plaster or peeling paint

10. Presence of visibile mold

11. Lack of or inadequate heat

12. Lack of or inadequate hot water

13. Missing or broken windows

14. Faulty or inadequate locks or security

CALIFORNIA TENANT HABITABILITY - SUE YOUR LANDLORD!

Southern California is overflowing with uninhabitable apartments and rental properties, yet Landlords continue to rent these uninhabitable units to everyday Americans and require full market rents. Every residential landlord in California is required to maintain their properties in a habitable and livable condition that is devoid of unhealthy living conditions. These uninhabitable conditions include plumbing that does not work, no heat or water, gas and/or sewage leaks, broken floors, railings or stairways, improper ventilation, chronic leaks or collapsing ceilings, electrical wiring that is not up to code and carbon monoxide.

Lucklily for renters, California’s housing laws protect you and Freiman Legal fights these Landlords and Slumlords. California has an implied warranty of habitability that is implied in every lease agreement. Even if the particular issue with your rental does not physically injure you, you may still be able to sue.

Under California law, rentals must be habitable upon move-in and compliant with building codes. The unit must not be in disrepair, must not put the tenant’s safety at risk and must be free of toxic mold contamination and bug infestation.

If your landlord refuses to keep your unit habitable, you have the right to notify state and local health inspectors and sue your Landlord if they fail to address the issue. You can still sue your Landlord for compensation even if your lease or rental agreement says that you can’t.

California tenants have the right to live in a unit that does not affect their health and safety. Depending on your situation, you may be able to obtain (1) reimbursement for medical expenses; (2) reimbursement for rent and/or a hotel to live in; (3) damages for emotional trauma; (4) payment of any attorney’s fees incurred; and potentially (5) punitive damages against your Landlord. The best part is that your Landlord cannot retaliate against your for enforcing your rights. You must notify the landlord about the problem and request that it be taken care of in a timely manner. If the landlord refuses to fix the problem, or ignores your request altogether, you have the right to take action against the landlord, including suing for damages. It is against the law for any landlord in California to evict or otherwise retaliate against a tenant for requesting repairs or exercising his or her right to “repair and deduct.” If you are living in an unsafe or poorly maintained apartment and your slumlord refuses to make repairs or otherwise ensure your apartment is habitable, you should contact Freiman Legal immediately at 310-917-1004.

YOU MUST TAKE CERTAIN ACTIONS!·      

You should not hold back when complaining to state and local agencies about your Landlord. You should also report all issues to your Landlord and/or management company immediately!

• Always put your requests and demands in writing

• Keep excellent written records including pictures and videos

• Immediately request inspections by the appropriate state and local agency

• Always obtain the inspector’s name, contact information and business card if they have one

• Be sure to obtain certified copies of all inspection reports. They are often available as soon as 10 days after the inspection