Housing Habitability Issues

When the landlord won't fix things, you have powerful rights, but you have to know what to do, when, and how to do it, or you fail!

Landlords neglect their buildings because it cuts into profits. He doesn't have to endure these conditions, but you do. He doesn't care, until he wants to justify keeping all of your security deposit, when he's "shocked" at how you've "trashed the place," and wants to blame his deferred maintenance and repairs on you. You are told that you have to put up with it or move, and that your contract says it was in excellent condition (when it wasn't), but there is a lot more to the story. Much more.

It's not an ugly paint color or worn carpet, but it is peeling paint and a torn carpet. It has to affect living there, so that a technical violation like using the wrong type of screw would not be "uninhabitable." It does not have to make the place unlivable, but can be as simple as a missing window screen, a defective electrical outlet, or low water pressure. It can be something broken like a window or missing like a window screen. It can be something unhealthy, like cockroaches and mold, or dangerous, like criminal activity [particularly gangs, drugs, and burglaries]. It can be outside the unit, like an unlit stairway or stagnant swimming pool. It can be something that doesn't work well enough, like an inefficient heater or air conditioner, low water pressure, or a slow drain. It can be a defective appliance that came with the unit, like a stove or refrigerator. It can be a bad smell, or noise, that is a nuisance, or construction debris in the back yard. It can be insufficient trash bins, or a broken front security gate. It can be things you didn't even realize, like missing locks on ground floor windows and If you've gone this far, to learn about your rights, you might as well make a complete list of everything defective in your apartment or house.

There are things you didn't know about, or forgot about, or didn't think you had any right to complain about. Things your landlord said were your responsibility, or claimed were in good condition as it says in your lease, so you're afraid to say anything from fear of being blamed for the condition. You can't give up your right to a habitable dwelling except by expressly paying less to fix it up, specified in your agreement.

These are all tricks to keep you from taking action.

Chances are, you've overlooked most things. Here's a little interesting information -

It's time to take action. You have so much to do, and so much to gain. Get out of victim mode and get the other tenants to join you. It's a lot of fun to finally take a stand and make the landlord pay. The lawmakers want you to do it. If you don't exercise your rights, you don't have any.

Give us a call today and let us Exercise your rights for you...818-988-0855


California Fair Housing Law

7-214 California Real Estate Law & Practice § 214.41 § 214.41. The State Fair Housing Law 1. Unlawful Practices ...

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Habitability Checklist

This list is a guide to help you identify all of the things that can affect habitability, based upon Civil Code §1941.1 and Health and Safety Code §17920.3. Due to the variety of circumstances which can arise in a given rental situation, all of the possible ...

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