Habitability Law

In California, tenants have the right to a safe and livable residence. However, landlords and property managers must meet specific requirements to ensure that their properties are habitable. These requirements fall under California’s implied warranty of habitability.

Tenants subjected to substandard or uninhabitable conditions may have legal options to hold their landlord accountable or terminate a lease agreement without penalty.

If you live in substandard conditions, don’t wait to learn more about your rights. Get help from the skilled team at the Law Office of Friedman & Chapman. Our attorneys have more than 75 years of combined legal experience that we put to work for you.

California Habitability Laws

Civil Code §1941.1 details what constitutes habitability in California. Civil Code §1941.1 and Health and Safety code §17920.3 have specific guidelines for what constitutes habitability. These guidelines include things like:

A roof that protects from the elements
Access to hot water
A heater that works properly
Sturdy floor and walls
Adequate electrical and plumbing systems
Absence of toxins like mold, lead, or asbestos
Absence of rodents, rats, mice, cockroaches, or bed bugs

When a California landlord or property manager fails to meet these requirements or make repairs when necessary to uphold them, they breach the implied warranty of habitability.

Legal Remedies for Habitability Claims

When a landlord breaches the implied warranty of habitability, the tenant may have the right to take action, such as:

Make repairs and deduct the cost from the rent
Vacate the premises and be free from any lease agreement
File a lawsuit against the landlord if the tenant suffers harm or injury

At Your Side, Every Step of the Way

Contact the Law Office of Friedman & Chapman to learn more about your legal rights and the potential to take these or other actions. You deserve to protect your family and live in a safe and healthy environment. We can help make sure that happen.

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