Poor Conditions at REAP Rentals in 90004 – Do I Have the Right to Sue My Landlord for Unsafe Conditions at My Rental?

REAP – or the Rental Escrow Account Program – is designed to address habitability issues present in rental homes throughout the city of L.A. Some of the goals of the program include the following:

• Reducing blight
• Preserving the stock of affordable housing
• Protecting tenants from having to live in uninhabitable conditions

When properties are placed in REAP, there are many changes that occur as a result. Most importantly, tenants could get a rent reduction. REAP creates an account that tenants can choose to pay their reduced rent into, although tenants can continue to pay rent directly to their landlords. Rental income in this account is withheld from the landlord until the issues on their property are addressed; the income in this account can be used to make repairs on the property. Landlords can only access the funds by submitting an application and proving that they will be making repairs.

In summary, the program is supposed to motivate landlords to repair their rental properties to be able to access their rental income again. For more information about REAP contact the experts here at our law firm today.

As mentioned above, rental properties are placed in REAP with the end-goal of resolving the issues on the property. It is important to note that these rental properties are not placed in the program for just minor issues; they are placed in REAP because of major issues that affect the habitability of the rental. Due to a lack of information and knowledge on rights, tenants often put up with these poor conditions for months and even years. Many landlords will ignore the issues in their properties until the property is put into the program, leaving them with no other choice but to make repairs to be able to access their rental income again.

Examples of these issues that may ultimately lead to properties being placed in REAP include the following:

• No running water
• No electricity
• No functional heat
• No access to hot water
• Pest infestations (including rates, mice, fleas, bed bugs, cockroaches, etc.)
• Contaminated with lead or other toxins

California Civil Code 1941.1 establishes the Warranty of Habitability states that rental units must remain in a habitable condition. Under this law, landlords have the duty to ensure that their rentals meet all the requirement listed below:

• Free of toxins (including asbestos, mold, and lead)
• Free of any pests or vermin
• Have functional heaters
• Have working electrical
• Have access to hot water (as well as running water)
• Have sturdy floors, stairs, railings, and walls
• Have exterior walls, doors, and roof that keep weather out of the rental
• Have the required trash bins
• Have a generally clean area

When rental units do not meet even one of the requirements established by the Warranty of Habitability, then the rental is considered uninhabitable under state law; this means that tenants could have the right to file claims against their landlords.

A lack of information can lead to landlords getting away with subjecting their tenants to uninhabitable conditions in rental units. It is important for renters to have at least basic information about their rights. Let’s consider two examples of case law.

• Green v. Superior Court (1974)
• Knight v. Hallsthammar (1981)

The 1974 case established what we know now as the implied warranty of habitability. In other words, even if a rental or lease agreement does not explicitly state that heir is a warranty of habitability, the warranty of habitability is still implied; this makes the landlord or property owner responsible for keeping the rental units in a habitable condition no matter the terms of the lease or rental agreement.

The 1981 case established that tenants could withhold rent and actually make repairs themselves if their landlords fail to make repairs; in addition, this case established that tenants are entitled to reductions in rent if their landlords fail to repair the rental.

If you find yourself unsure of your rights as a tenant, please do not hesitate to reach out to our legal team as soon as possible.

Yes – you could be eligible to file a lawsuit if the conditions at your rental are uninhabitable. Your right to sue is based on the warranty of habitability explained above. In summary, if your landlord failed to keep their property habitable, as defined by state law, then they could be held liable. That is, your landlord could be held liable for the breach of contract as well as for any harm directly caused by the poor conditions in the rental. Based on case details, you could be entitled to receive compensation (which may include medical costs, lost pay, moving expenses, out-of-pocket repair expenses, and legal fees, for example). How much can I recover? Although every claim is different, claimants could recover could be eligible to recover compensation ranging anywhere from $100,000 to $1 million (and sometimes well past the million-dollar mark). For more information about your right to sue and recover compensation, contact us today.

If your rental is in the 90004 zip code and is in REAP, you could have the right to file a housing lawsuit against your landlord for the uninhabitable conditions of the property. You could also be entitled to receive compensation. If you are interested in learning more about the legal options available to you, we urge you to seek legal assistance with our legal team as soon as possible. Our experts have decades of experience and are ready to provide you with the guidance that you need to pursue your claim. We are committed to remaining accessible to all, so we offer free legal services – including free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns, making sure that you have access to all the information that you need to either begin or continue your claim. We offer a Zero-Fee Guarantee, so you will not be required to pay any upfront legal fees to speak with our lawyers. In addition, our firm works on contingency, so our clients will never be required to pay any upfront legal costs until they win. If you do not win, you will not pay anything.

If your rental in the 90004 area is in disrepair and you are ready to explore the legal options available to you, contact us today. Our housing law attorneys are ready to provide you with the guidance that you need to fight for your rights!

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