In California, renters enjoy a number of fundamental rights and protections that ensure safe and healthy living conditions. One of the most important warranties is the so-called implied warranty of habitability, which obligates landlords to keep properties in habitable condition during the lease period.
However, landlords sometimes fail to comply with this obligation, putting the well-being of tenants and their families at risk.
In this article, we explain what this guarantee entails, how to identify when a landlord is failing in their duty, and why it is crucial to have the support of a law firm specialized in the Habitability and Tenants’ Rights Law, like ours, to protect your interests.
What is the implied warranty of habitability?
The implied warranty of habitability is a legal obligation that owners have to deliver and maintain a property in a condition suitable for living. This guarantee is automatic and does not need to be explicitly mentioned in the rental contract. The law establishes that housing must meet certain minimum standards regarding:
- Sanitary conditions: The home must have adequate plumbing and heating systems, without water leaks or mold.
- Safety: Electrical installations and structures must be safe and free of accident risks.
- Healthy spaces: The property must allow for reasonable occupancy without risks to the health or well-being of tenants.
Landlords must make repairs necessary to keep the property in habitable condition and cannot require tenants to pay for repairs or improvements that are their responsibility.
When is the implied warranty of habitability breached?
Failure to comply with this guarantee occurs when the conditions of the home do not meet the requirements established by law. Some common examples of violations include:
- Water leaks and mold: If there are leaks, leaks or moisture problems that are not repaired in a timely manner, this can pose a health risk to tenants, especially if mold develops.
- Problems with electricity: If electrical systems are faulty or dangerous, such as exposed wires or lack of power in important areas, the safety of residents can be jeopardized.
- Lack of heat or hot water: In a climate like California, adequate heat and hot water supply are essential to the comfort and health of tenants. Your prolonged absence is a clear violation of the habitability guarantee.
- Pests or infestations: The presence of rodents, insects or pests in the home is not only a hygiene problem, but also represents a health risk.
- Damaged Structures: If there is significant structural damage, such as cracks in walls or sagging ceilings, that compromise the safety of the home, the homeowner is required to repair it immediately.
What to do if your landlord breaches the habitability guarantee?
If you are facing one or more of these problems in your home, it is essential that you take action as soon as possible. First, notify the landlord in writing of the problems you have identified, giving them a reasonable amount of time to make repairs. If the problems are not resolved, you may be able to take additional steps such as:
- Request a rent reduction: If housing conditions are inadequate, tenants can request a proportionate reduction in rent until necessary repairs are made.
- Repair and deduct the cost: In some cases, if the landlord does not make the repairs, tenants can proceed to make the repairs on their own and deduct the cost from the rent, as long as they follow the procedures established by law.
- Sue the landlord: If the landlord fails to meet his or her obligation to keep the property habitable, tenants can file a lawsuit for damages.
Why hire our law firm?
If your landlord is breaching the implied warranty of habitability, the situation can be complex and challenging. It is essential to have the support of a law firm specialized in tenant rights to ensure that your rights are protected and that you take the correct actions. Our firm is highly trained in California Habitability Law and has extensive experience helping tenants obtain the compensation they deserve.
Here we tell you why you should choose us:
- Experience and specialization: We have years of experience defending tenants’ rights in cases of breach of the implied warranty of habitability. We have a deep understanding of local and state laws that affect tenants.
- Personalized advice: We will offer you an initial consultation to evaluate your case and provide you with clear recommendations on next steps. We work closely with each client to ensure you receive the best legal advice.
- Commitment to justice: We are committed to fighting for your rights and ensuring that your owner meets his or her obligations. If necessary, we will be ready to take your case to court.
- No upfront costs: We offer competitive rates and work under a fee structure that only kicks in if we win your case. This means you don’t have to worry about costs until we achieve positive results for you.
If you are facing problems with the conditions of your home and believe that your landlord is breaching the habitability guarantee, do not hesitate to contact us. We are here to help you resolve this situation and ensure that your rights as a tenant are respected.