Housing / Habitability
What is Housing / Habitability
Law?
Housing-Habitability law refers
to the implied warranty of habitability in California
is a part of every contract concerning the rental or
lease of residential real estate. It cannot be waived.
The warranty of habitability, set forth at California
Civil Code, Section 1941.1, provides that landlords are
responsible for repairing and maintaining all rentals in
a habitable condition, and must ensure that the rental
complies with state and local building and health
codes. Tenants must of course do their part by keeping
their units clean, notifying the landlord of any
deficiencies, properly using all gas, electrical and
plumbing fixtures, and only using the unit for its
intended purposes.
California law presumes the
landlord has a retaliatory motive if, subsequent to a
tenant's complaint concerning repairs or the exercising
by the tenant of rights under this law (such as the
repair and deduct remedy), the landlord evicts the
tenant, increases the rent, or initiates any other
negative action against the tenant. This presumption
lasts 6 months after exercising the tenant right,
provided there is no other valid reason for the negative
action against the tenant, such as being behind in the
rent, or being in violation of the lease agreement.
How can Jarvis Law Offices help?
Jarvis Law Offices accepts
serious cases concerning housing/habitability law
wherein the tenant has suffered personal and/or
emotional injuries as a result of the condition of the
unit. These serious cases generally also result in a
constructive eviction, where the tenant is forced to
move out of the unit because the condition of the unit
is unlivable. Such unlivable conditions can be caused
by vermin, such as rats, or roaches, by the application
of pesticides in the unit, or can by caused water leaks
or dampness which can lead to rapid growth of toxic
molds. If your health, or your children's health has
been damaged by the negligence and disregard of your
landlord or property manager, we may be able to help.
Please contact us for a free consultation.
