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The warranty of habitability in California

California tenants have a right to insist that the landlord guarantee certain features of  the rental property in safe and sanitary condition.   This is a legal obligation that requires landlords and their managers to provide and maintain basic features in all the rental housing throughout the State.  It is called the warranty of habitability.  Landlords cannot make you agree to accept substandard and dangerous conditions.  No matter what your lease agreement says, your landlord must fix certain kinds of problems.

The law imposes the warranty upon landlords whether they like it, or not. This is why it is known as the warranty of habitability. Landlords and property managers cannot get out of the obligations included in the warranty by clever language in the lease agreement, or because the repairs are expensive, or because the property has been a dump for a long time.  It is this  “no excuses allowed”  feature of the law that makes it an implied warranty.

Habitable means more than your landlord may be willing to admit.  It means your landlord cannot simply tell you to put up with the leaking roof and broken windows.  Your landlord cannot make you responsible for the cost of maintaining the plumbing that constantly backs up.

Tenants are not required to just put up with the rubbish the landlord refuses to move out of the backyard.  None of these situations will literally stop a tenant from being able to live in the property, but they are each an example of a breach of the warranty of habitability.

California cases that affirm the right to habitable homes

The Court decision that recognized the implied warranty of habitability in residential rental agreements has been around for four decades.  In Hinson v. Delis the Court held that when a landlord fails to “substantially obey the housing codes and make the premises habitable” then that landlord was in material breach of the rental agreement with his tenant.

In Green v. Superior Court the California Supreme Court expanded the warranty and affirmed that when a landlord´s maintenance of a rental property fails to keep the home or apartment in decent and livable condition, then a tenant is justified in withholding the payment of rent.

“[A] landlord’s breach of a warranty of habitability directly relates to whether any rent is “due and owing” by the tenant; hence, such breach may be determinative of whether the landlord or tenant is entitled to possession of the premises upon nonpayment of rent. Accordingly, the tenant may properly raise the issue of warranty of habitability in an unlawful detainer action.”

 Green  v. Superior Court compares the implied warranty of habitability to the warranty of fitness that is implied whenever a product is placed into the market for public consumption.

“In most significant respects, the modern urban tenant is in the same position as any other normal consumer of goods… Through a residential lease, a tenant seeks to purchase “housing” from his landlord for a specified period of time. The landlord “sells” housing, enjoying a much greater opportunity, incentive and capacity than a tenant to inspect and maintain the condition of his apartment building. A tenant may reasonably expect that the product he is purchasing is fit for the purpose for which it is obtained, that is, a living unit.”

 The decision explains why the conditions within a rental unit are relevant to the issues a court must decide when hearing an eviction lawsuit.

Today the habitability of the dwelling unit has become the very essence of the residential lease; the landlord can as materially frustrate the purpose of such a lease by permitting the premises to become uninhabitable as by withdrawing the use of a portion of the premises.

 

Standards that establish what is habitable

The California Civil Code Section 1941.1 requires that the landlord provide all of the following to any residential rental property.

  • Effective waterproofing and weather protection of the roof and exterior walls, including unbroken
  • windows and doors.
  • Plumbing, electricity, and gas facilities maintained in good working order.
  • Hot and cold running water and a sewage disposal system.
  • Sufficient heating facilities maintained in good working order
  • Electrical lighting, with wiring and electrical equipment which is maintained in good working
  • order.
  • Working electrical outlets in each room.
  • Floors, stairways and railings maintained in good repair.
  • An adequate number of containers for garbage, kept clean and in good repair.
  • Building and building grounds free of trash, rubbish, rodents, and other pests.
  • A working toilet, washbasin, and bathtub or shower, in a room which is ventilated.
  • An operable dead bolt lock on each main swinging entry door.
  • At least one working telephone jack and phone line.

 

Section 1941.1 also incorporates Health and Safety Code Section 17920.30 and 17920.10.  This portion of the Health and Safety code defines “substandard building.”  A building can be substandard if it has inadequate sanitation, structural hazards, any nuisance, faulty wiring, faulty plumbing, or faulty mechanical equipment.  This section is very detailed.   Click here if you would like to read the entire text.

If the problem you have with your rental falls within one of the categories of defects described in the Civil Code Section 1941.1, or if it a substandard building as defined by Section 17920.30 of the Health and Safety Code, and it prevents you from enjoying the property, then you have good reason to complain, and every right to expect that the situation will be taken care of.

How many times have you heard from the landlord that you are the only tenant that complains?  That everyone else seems to have no problem with the cockroaches, and that the good tenants understand the heating system just doesn’t work.   The fact is many landlords and management companies are under the impression that tenants need to be able to tough it out.  That is not the law in California.  Landlords do have a responsibility to their tenants.

 

Effective and early communication is critical

It is important to remember that the relationship with the landlord is centered upon a contract.  It might be a friendly relationship, but that doesn’t change the fact that your landlord expects you to pay the rent.  Tenants also have a right to insist that the landlord live by his or her legal obligations.

Some tenants fear that their landlord will be put off by complaints about the property , and it is true that a few landlords do react negatively.  But whether your landlord likes it or not, certain kinds of problems are his responsibility to fix, and you have both a legal right and responsibility to make the landlord aware of the problem.

If you do not make a complaint to your landlord about the problem, then he or she will always have an excuse to leave it alone.  It may be the case that the landlord knows that the roof leaks, but maybe not.  Don’t be shy about asserting you right to habitable housing.  It is also important that you make your complaints known as you as the problem arises.

By waiting to make the complaint, the situation may grow much worse.  If the leaking plumbing in the wall is not taken care of promptly, it will lead to mold growth, rotting away of the wood and other building materials and may even create conditions that can later damage the entire building.

When you make a complaint, then you should make the it in writing.  Make sure to sign and date the letter or email, and make sure you include your address.   Keep a copy for your records.  If the landlord doesn’t act on the problem , then follow up.  If you get nothing but excuses, or are told to stop being difficult, then you shouldn’t hesitate to contact a lawyer.  Nothing says “you need to pay attention” like a demand letter.  It lets your landlord understand that you are serious about your contractual and legal rights, and often results in a degree of respect from your landlord that is all too frequently in short supply.

Preserving and preparing your evidence

Hopefully, your landlord will respond to your complaints with enthusiasm and take care to make the needed repairs to his or her property.  Sometimes, a landlord will not be happy with your complaints, and will compel you to take further legal action, or in some cases they may even try to bring a case for eviction.  It is for this reason that tenants should prepare for the worst case scenario, and imagine what they would need to show to convince a judge of their story.

Once you have made complaints concerning the conditions that violate the warranty, make sure that you have lots of photographs.  Don’t just keep them on your phone.  Print the photographs out, or save them to the hard drive of a computer, or put them on your Google Plus page, but make sure you don’t lose them.  If your landlord wants to make some arrangement to change the rental agreement, or offers some concession or explanation why the problem cannot be fixed, then ask them to put these into written form.

In Green v. Superior Court  the California Supreme Court summed up the law over three decades ago with the following:

“Thus, in keeping with the contemporary trend to analyze urban residential leases under modern contractual principles, we now conclude that the tenant’s duty to pay rent is “mutually dependent” upon the landlord’s fulfillment of his implied warranty of habitability.”

 Rent is not the only responsibility arising out of the rental contract.  Your landlord has to do more than simply provide a roof to sleep under.  In California, tenants that rent their homes have every right to demand that the landlord assure that the rental property is in decent and suitable condition.  It doesn’t matter if your house was a dump when you moved in, or has just slowly deteriorated over the course of many years.  Once your landlord is put on notice that the house falls short of the standards outlined in the Statutes, then he or she needs to take some action.

If the landlord or property manager refuses to act, then you have legal rights, and remedies to either enforce the terms of your rental contract, or to be released from your obligations under the same.  For those tenants faced with recalcitrant and indifferent landlords, it is important that you talk to a lawyer.  Don’t make the mistake of assuming that legal services are too expensive, or that you know enough about the law to take care of it yourself.

 

Get professional assistance

Just like any contract, when rental agreements and the parties to them are in dispute, then it will ultimately fall to the court system to decide who is in the right under the law.  A good lawyer can help you to chart your own destiny, and if contacted early on when you first face a conflict with the landlord, I can often help tenants to avoid court.

If your landlord refuses to fix your problems, then you may have to withhold rent in order to get her cooperation.  This should only be done after you have prepared an appropriate record of the problem, advised the landlord  or her agent about the problem, made your demand that it be fixed, and preserved all relevant evidence about the landlord’s efforts, or lack of effort, to remedy the situation.

Even after doing all this, every situation presents unique facts and questions that need to be addressed, and legal advice from a tenant rights specialist can prevent tenants from making mistakes.

Parties that go to court without a lawyer should expect the worse.   Eviction lawsuits are not small claims cases, and it is not a good idea to defend against one without an attorney.  It is equally unwise to assume that simply because the law requires your landlord to live up to the warranty of habitability the process to getting the problems in your house or apartment resolved will be straight-forward.   Click here contact an attorney today that will listen to the facts of the situation.  I will help you to get your landlord’s attention and get the problems resolved.

 

Call today to speak directly with a lawyer about your situation.

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