Poor
Maintenance and Slumlord Litigation
Do you
have cockroaches? Bed bugs? Rodents? Do you have a leaky roof that the
landlord won't fix? While many landlords are responsible and take good
care of their properties, other landlords are only concerned about collecting
as much money in rent as they can, while spending as little as possible
on maintenance, letting their buildings rot away. This is not only unpleasant,
it can create health and safety hazards for the tenants.
The
law in California mandates that landlords take care of their properties.
If they don’t, their properties are deemed to be “untenantable.”
Here’s what the law says:
“The
lessor of a building intended for the occupation of human beings must,
in the absence of an agreement to the contrary, put it into a condition
fit for such occupation, and repair all subsequent dilapidations thereof,
which render it untenantable ....” (Civil Code § 1941)
That
basically means that it's the apartment owner's legal duty to make repairs.
What makes an apartment or a house “untenantable”? The law
in California states that a property is untenantable if it “substantially
lacks”
-Effective waterproofing
and weather protection
-Plumbing maintained in good working order
-Hot and cold running water
-Heat
-Electrical lighting
-Building and grounds kept clean, sanitary, and free from garbage,
rodents and vermin.
-Floors, stairways and railings maintained in good repair
-Clean garbage receptacles
-A locking mailbox (See Civil
Code § 1941.1)
A
rental unit may also be untenantable if it has lead paint, (Health &
Safety Code § 17920.10), or if it has inadequate sanitation, no kitchen
sink, no hot water, inadequate heat, improper ventilation, improper room
and space dimensions, no electrical lighting, damp rooms, general dilapidation,
no sewage disposal system, deteriorated foundations or floors, buckling
walls, sagging ceilings, improper wiring, broken mechanical equipment,
crumbling plaster, broken windows or doors, leaks, or an accumulation
of weeds, junk, dead organic matter or garbage.
A
tenant should not have to pay rent to live in an untenantable building!
You may be able to sue your landlord for back rent if your home has any
of the problems listed above. If these types of problems are pervasive
in your apartment building, you may be able join together with other tenants
to force the landlord to return the rent and make repairs.
Law Office of Frances M. Campbell
A Professional Corporation
8050 Melrose Avenue, 2nd Floor
Los Angeles, CA 90046