Tenants’ Right to Repairs in California

What is The Tenants’ Right to Repairs?

In California, tenants have the right to live in a habitable environment. This requires the landlord to make any repairs to the property that make it uninhabitable. Landlords who rent uninhabitable and dilapidated properties to tenants are commonly called “slumlords.”

How Can a Tenant Get Repairs Done?

If the landlord refuses to correct the violations, the tenant has several legal options. However, before taking action, it is important to notify the landlord in writing of the problem. The notice should describe the problem and demand that it be corrected within a reasonable time. This is usually 30 days, but the time period is shortened if there is a health or safety hazard.

Possible Actions by The Lessee

1. Rent withholding. A tenant can temporarily stop paying rent until the problem is fixed. However, this method is risky. If the court determines that the apartment is still habitable, the tenant may be required to pay the full amount that has accrued.

2. Self-repair with deductions. Under California Civil Code § 1942, the tenant has the right to repair the problem at his or her own expense. However, the cost must be deducted from the next rent payment. However, the amount cannot exceed one month’s rent. This option cannot be used more than twice a year.

3. Appeal to the housing authority. If the landlord ignores repair requests, the tenant can complain to the housing authority. If the inspector finds a violation, the landlord will be issued an order to correct the violation.

4. A lawsuit for breach of the lease. A tenant can sue the landlord for violation of the right to a decent place to live. In some cases, damages may be available. These include payment for temporary housing and moral damages.

It’s important to remember. Consult an attorney before making any decision. Infringements may seem obvious, but only an expert can assess the chances of success. KAASS LAW will help you understand your rights and develop a competent defense strategy.

What Is a Landlord Legally Required to Fix?

The law requires an owner of a rental property to make any repairs that would cause the property to be uninhabitable for any reason. California Civil Code section 1941.1 and section 1941.3 describes several requirements needed for a home to be habitable. They include:

• Weather protection and waterproofing
• Sanitary premises with adequate receptacles for trash and waste disposal
• Working hot and cold running water
• Functional toilet and sink
• Working electricity
• Functional doors, windows, and locks
• Well-kept floors and walls
• No asbestos, lead, or dangerous chemicals
• No nuisances*

A “nuisance” is something reasonably dangerous or obnoxious that the landlord allows on the premises. These nuisances do not necessarily have to be in a tenant’s living area; instead, they could be anywhere on the landlord’s property. For instance, some examples of this include:

• Gang activity in the parking lot of an apartment building
• The presence of black mold near a communal laundry area
• Another tenant has 3 large dogs that go outside and bark loudly every morning

What do Landlords not Have to Fix?

A property owner does not have to repair damages that are too minor to affect the habitability of the home. For example, a leaky faucet may annoy a property owner, but it does not qualify as a characteristic of an uninhabitable home.

Every rental contract is different, and it is common for an agreement to state that landlords must pay for minor repairs even if they do not legally interfere with a property’s habitability. Check your rental contract for special clauses that make the property owner cover repairs that are solely aesthetic.

What is “Constructive Eviction?”

This happens when the property’s habitability drops so low that the tenant has no choice but to move out. Some examples include:

• The mold buildup has become so bad in an apartment bathroom that the tenant living there became ill and had to move into a hotel.
• The unit next to a tenant is home to a band that frequently plays loud music late at night. It has become so bad that the tenant can barely sleep, so after 3 months of this, she leaves.
• The landlord ignores the presence of cockroaches on the property, allowing them to enter a tenant’s refrigerator and pantry daily, which forces her to move out.

If your landlord has constructively evicted you, you can recover damages for yourself and your belongings. Additionally, you may receive a refund for the rent you paid during the months you dealt with the issue. If your living conditions were so bad that you had to move out, it’s important to seek legal help to pursue financial compensation. KAASS LAW can provide expert legal assistance if you face uninhabitable living conditions.