In the California, and essentially every other state in the U.S., tenants have the right to residences that are, in short, safe to live in. There is something called implied warranty of habitability, that whether or not strictly mentioned by landlords in rental contracts, applies to rental apartments and rental homes, alike.

If the conditions in your rental make it inhabitable, you could have grounds to sue your landlord. For more information about your right to sue for your rental home or rental apartment’s condition, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible.

Here at Downtown L.A. Law Group, our lawyers have many years of experience handling landlord-tenant cases. We know that many tenants are forced to live in horrible conditions because they either don’t know their rights or don’t want to risk losing their rental. At our law firm, we believe in fighting for tenant rights and holding negligent landlords accountable. If you are ready to discuss your current situation with the experts at our law firm, do not hesitate to seek legal assistance with the experts at our law firm.

What is the Warranty of Habitability?

The warranty of habitability is outlined in California’s Civil Code 1941.1, and according to a 1974 court case, the warranty of habitability is implied in absolutely all residential rental agreements. In summary, the warranty of habitability requires landlords to keep their rental properties in a habitable condition.

The terms of the warranty of habitability means that landlords need to ensure that their rentals have all the following:

• A roof that effectively keeps the weather out of the property (this also includes exterior walls, unbroken windows, and doors)
• Access to hot water
• A functional heater
• Electrical lighting with working wiring and equipment
• Sturdy walls and floors (including stairs and railings)
• The appropriate trash bins
• A locking mailbox (in apartment units)
• General cleanliness of the premises
• No toxins, such as mold, asbestos, and leads
• No vermin or insects, including but not limited to rats, mice, roaches, and bed bugs

Without a doubt, not all of the points listed above as are serious as the others. For example, a lack of a locking mailbox might not be considered as serious as the presence of toxic lead. Regardless, it is the duty of the landlord to meet all points of the warranty of habitability – if they fail to do so, they could be sued.

Are Landlords Always Responsible for Keeping the Property Habitable?

Although landlords have to comply with the warranty of habitability, there are some situations in which the landlord might not be responsible. More specifically, whenever the inhabitable condition is a direct result of the actions of the tenant, then the landlord is not responsible to fix the issues that arise.

My Landlord Breached the Warranty of Habitability

If your landlord failed to keep the rental property habitable and was well aware of the issues present on the property, then your landlord could be held accountable for the uninhabitable conditions. What’s worse, some conditions could directly affect your and your family’s health and wellbeing – resulting in medical bills, lost wages, mental and emotional distress, etc. If you and your family were forced to live in inhabitable conditions, you might have grounds to take action against your landlord.

You should seek legal assistance with the experts at our firm as soon as possible to learn more about your legal options and your right to sue your landlord.