Types of Landlord-Tenant Law Cases We Handle:
Have you been served with a three-day notice or fear that you will be served soon? If so, we can help. California law sets forth particular procedures that a landlord must comply with before initiating eviction procedings. Don't wait until it's too late, call us today.
Warranty of Habitability and Repair Issues
A “warranty of habitability” is implied in all residential rental agreements in California. This means that a landlord must ensure that all of the following conditions that make the building ‘fit for human occupancy’ are met.
Those conditions includes:
- Effective waterproofing and weather protection of roof and exterior walls
- Well-maintained plumbing and gas facilities compliant with law in effect at the time of installation
- Water supply compliant with applicable law that is capable of producing hot and cold running water
- Well-maintained heating facilities compliant with applicable law at the time of installation
- Well-maintained electrical lighting compliant with applicable law at the time of installation
- Building, grounds, and appurtenances kept sanitary and free from debris and vermin at the time of rent or lease
- Sufficient number of receptacles for garbage
- Well-maintained floors, stairways, and railings
- Locks conforming to code
- Dead bolt lock on each main swinging entry door
- Window security or locking devices for windows capable of being opened
Whether or not noncompliance constitutes an actionable breach is determined on a case-by-case basis. For example, evidence of a breach was found in the following cases:
- Lack of heat in four of tenant's rooms, vermin, malfunctioning plumbing, collapse and nonrepair of bathroom ceiling, faulty wiring, and illegally installed and dangerous stove.
- Hazardous electrical wiring, raw sewage seepage under rental buildings due to broken plumbing, infestation of rats, termites and other vermin, broken and deteriorated doors and windows, lack of hot and cold running water, lack of heat, leaking roofs and leaking plumbing fixtures.
- Dry rot causing a hole in bathroom floor, foul odors caused by leaky toilet, constant draft inside apartment caused by improperly fitted front door glass.
- Defective electrical wiring, inoperative vent fixtures, deteriorated window sills, no front window lock, leaky faucet, leaky toilet tank, deteriorated shower stall, inadequate water heater and inadequate room heater.
- Wall cracks, peeling paint, water leaks, heating and electrical fixture problems, broken and inoperable windows, rodents and lack of sufficient heat.
- Insufficient waterproofing of perimeter walls, rain damage to inside walls from leaky roof, windows not waterproofed, inoperative thermostat, torn carpeting, cracks in walls, security bars without release latches, inadequate drainage in plumbing, deteriorating subflooring.
- Leaky faucets and deteriorated plumbing, dirty and unsanitary water, mold, inoperable ventilation, inoperable appliances, cockroaches and pigeon droppings.