Slumlord Lawyer | Landlord Tenant Rights Law Firm in California
California’s inner city or urban areas are filled with low income housing for tenants. However, many of these facilities are improperly maintained and rented out too low income families who are forced to live in un-habitable conditions. Such conditions can make tenants sick or cause serious injuries. Many tenants fail to realize that they have rights and cannot be evicted simply for complaining. If you are a victim of a slumlord who is subjecting you and your family to improper living conditions, contact our offices today for a free case evaluation. We are passionate litigators and advocates for the rights of minorities and those who are harmed by landlords and slumlords. Here at the Downtown L.A. Law Group, our landlord-tenant issue lawsuit lawyers are ready to hold slumlords accountable for their actions. If you are ready to discuss the legal options available to you with an expert on tenant rights in California, contact our law firm today to schedule a free case evaluation!
Here at the Downtown L.A. Law Group, our landlord-tenant issue lawsuit lawyers are ready to hold slumlords accountable for their actions. If you are ready to discuss the legal options available to you with an expert on tenant rights in California, contact our law firm today to schedule a free case evaluation!
What is the definition of Slumlords?
Slumlords are Landlords who provide below standard or sub-par living conditions can be considered slumlords. Particularly landlords who fail to provide habitable living conditions suitable for human habitation. Instances include:
- Failure to provide adequate living conditions;
- Lack of heat or cooling conditions;
- Presence of Mold;
- Flooding caused by leaking or broken pipes;
- Un-safe conditions, including proper security for windows, doors and gates;
- Bed Bug Infestation – Insect infestation without remediation; and
- Roofing issues;
- Improper lighting in stairways and walkways leading to slip and falls
- Lack of Elevator Maintenance leading to elevator accidents
- Improper Security
- Illegal Eviction of tenant from premises
While this is not a complete list it does outline a number of landlord tenant issues. When you landlord fails to provide a living space suitable for basic human habitation a tenant has a number of remedies at his disposal. Tenants can under certain circumstances and with proper notice repair and reduce the cost of repair, terminate their leasehold and voluntary remove themselves from the property or continue to make demands for repair. Relocating is often the least preferred solution, since it consists of considerable costs and there is a sense of emotional attachment to your home. When you landlord fails to comply with your request legal representation can be your only solution or remedy.
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What are My Rights as a Tenant Renting in California?
California offers protections to tenants to ensure that slumlords do not get away with keeping their rental units (including rental apartments and rental homes) in uninhabitable condition. The problem is that many tenants are unaware of their rights and the protections established by California law. As a tenant, it is important that you understand that you have the right to live in a rental unit that is habitable.
One of the most important laws to be aware of is the Warranty of Habitability. The Warranty of Habitability was established by California Civil Code 1941.1. It states that all rental units must remain in a habitable condition for tenants. Landlords have the duty to keep their rentals free of pests and vermin as well as free of toxins (like asbestos, lead, etc.) Landlords also have a duty to ensure that their rental units have access to hot water, running water, functional heating, functional electric, sturdy stairs/railing, walls, and floors, exterior walls, doors, roof that effectively keeps out the weather (i.e., no leaks), and keep a generally clean premises, for instance.
Some landlords intentionally use ambiguous or misleading wording in lease/rental agreements to make it seem like they do not have any of the responsibilities outlined above. Even when the warranty of habitability is not mentioned in contracts/agreements, it is still implied. In fact, a 1974 court case – Green v. Superior Court – established the implied warranty of habitability, ensuring that landlords are still liable for keeping their rentals in habitable conditions even when there is no mention of this responsibility in the renal contract.
In addition, you may have the right to actually withhold rent. Under Knight v. Hallsthammar (1981), the courts established that tenants could withhold rent to make repairs themselves if landlords were not making repairs themselves and could also be entitled to reductions in rent for units that were in disrepair.
Can my landlord evict me for complaining about living conditions?
Tenants often feel that if they complain they may be evicted from the property. This is absolutely not allowed. A tenant has a right to make complaints either to the landlord or the regulatory authorities regarding the condition of the property. A landlord who evicts a tenant after he/she makes such complaints is liable for “retaliatory eviction”.
What is retaliatory Eviction: Retaliatory eviction is the process by which a landlord evicts a tenant in retaliation for making complaints regarding the habitability or condition of the property. If you have been evicted in retaliation for making complaints and fee that it was wrongful representation may be your only solution. Our offices will aggressively fight for your rights to ensure that you are properly compensated for your harm.
Why are Habitable Conditions So Important in Rental Units?
The uninhabitable conditions in rental units can, unfortunately, result in injuries to tenants. Entire families can suffer injuries due to the conditions in their homes. In fact, entire families have lost their lives because their rentals were not equipped with working carbon monoxide detectors/alarms. Without running water, hygiene becomes nearly impossible to maintain and can increase the risk of infections, for example.
Understanding the Possible Health Issues Resulting from Uninhabitable Living Conditions in Rentals
The uninhabitable conditions in rental units can pose a real threat to tenants. Below we will review some of the most common harm that could occur due to exposure to uninhabitable and unsafe conditions in rentals:
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Exposure to lead – lead poisoning, which is associated with many symptoms like headaches, fatigue, irritability, trouble sleeping, muscle/joint pain, and more. When gone untreated, lead poisoning can result in high blood pressure, brain damage, kidney damage, and death.
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Exposure to mold – itchy eyes, coughing, and other symptoms. In people with mold allergies, symptoms of asthma may appear, including trouble breathing and other respiratory issues.
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Exposure to asbestos – shortness of breath, cough, chest pain, chest tightness, wheezing, difficulty swallowing, fatigue, anemia, loss of appetite, etc.
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Exposure to toxic chemicals – in addition to lead, tenants can be exposed to other toxic chemicals in building materials, pesticides used by the landlord, and more. Exposure to toxic chemicals (through inhalation, drinking/consuming, or touching anything contaminated) can result in an increased risk of developing cancer.
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Exposure to bed bugs – exposure to these pests can result in bed bug bites, which can be itchy and uncomfortable. Tenants can suffer scarring and infections as well as mental and emotional harm associated with bed bug bites. Those who are allergic to bed bugs may experience painful swelling at bite sites, blisters, fevers, infections, difficulty breathing, and more. Bed bugs can also result in Chagas disease, which can cause heart damage and central nervous system damage.
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Exposure to cockroaches – in some people, exposure to roach infestations can trigger asthma symptoms and lead to wheezing, difficulty breathing, and chest tightness, for example. Some may develop allergies to roaches, which can result in respiratory symptoms (coughing, wheezing, nasal congestion, etc.), itchy and watery eyes, itchy skin, rashes, and more. Cockroaches can also spread bacteria to humans, resulting in many different possible illnesses/infections.
These are just some of the health issues that could occur due to the uninhabitable conditions in your rental unit.
The Rental I’m Living in is in REAP. What Does This Mean?
The Rental Escrow Account Program – REAP – is a city program designed to address the issues of habitability in rental properties throughout Los Angeles. When the city places rental properties in REAP, the properties have been determined to be uninhabitable and may pose a health risk to tenants. Rental properties can be placed in the program if their properties are in disrepair, infested with pests, or present any of the other unsafe conditions previously mentioned. Tenants living in rentals that are in REAP may be eligible for rent reductions. In addition, tenants may choose to pay rent directly into the account created by the program which the landlord can only access for repairs. If the rental that you reside in has been placed in REAP, you may have the right for further compensation. Our team can help you and your family!
Can I File a Lawsuit for Injuries Caused by Uninhabitable Conditions?
Yes – you could have the right to file a lawsuit against your landlord. If you or a member of your family (your child, partner, parent, etc.) suffered any harm due to the uninhabitable and unsafe conditions in the rental, you could have the right to sue and recover compensation – which could include compensation for all medical costs, lost income, pain and suffering, and more. Based on the details surrounding your specific situation, you could file an injury claim or even a wrongful death claim.
Can I file a lawsuit even if I wasn’t injured? Yes – in fact, even if you and your family were not harmed by the uninhabitable conditions at the rental, you could have grounds to file a lawsuit against your landlord based on breach of contract (that is, failing to keep the rental habitable).
No matter the type of case that you are pursuing against your landlord, please do not hesitate to reach out to our slumlord tenant rights lawyers as soon as possible.
Experienced Trusted and tenacious Tenant rights lawyers
Downtown LA Law is a full service plaintiff’s law firm. We are compassionate litigators fighting for the rights of our clients. Whether it is wrongful eviction, retaliatory eviction or any other personal injury cause of action we are here to help. Our retaliatory eviction attorneys Los Angeles can help with your case. The retaliatory eviction lawyers at Downtown LA Law are skilled in wrongful eviction matters and can assist you in determining whether you have a case.
How do I protect myself from an elevator accident?
How We Can Help: If you have been injured as a result of a wrongful or retaliatory eviction then representation by a skilled legal professional may be your best option. While legal representation is always a difficult choice to make, it may be the only defense available to preserve your rights. Contact us today for a free evaluation at 855-385-2529 or if you already have representation we can provide a second opinion of what we feel should be done to help win your case.
Remember: It is crucial to act quickly before any limitations can lower or extinguish your rightful claim. Call us for a free consultation with one of our lawyers regarding your claim: (855) 339-8879
Zero-Fee Guarantee: the free case evaluations mentioned above are available as part of our Zero-Fee Guarantee, which also ensures that you will never have to worry about paying upfront legal fees for any of our legal services. In addition, our law firm works on a strict contingency structure; therefore, you will not be responsible for paying any legal costs if your claim is not successful. If you do not win, you will not have to worry about paying anything at all.
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