| From time to time, things need repairing and maintaining on any piece of property. Most landlords are willing to take care of the building because that is their job, because the law requires it or because they don't want the place to become run down. Some landlords, however, are slow and reluctant to fulfill their responsibilities.
Standards of Habitability
California Civil Code Sections 1941 and 1942 define a landlord's responsibilities for repairs. Section 1941.1 requires landlords to provide the following:
Effective waterproofing and weather protection of the roof and outside walls, and unbroken doors and windows.
Plumbing, electricity, and gas facilities in good working order.
A reasonable amount of hot and cold running water, and a sewage disposal system.
Adequate and safe heating facilities.
Electrical lighting, with wiring and electrical equipment which conforms with the applicable law at the time of installation, maintained in good working order.
Floors, stairways and railing, maintained in good repair.
An adequate number of containers for garbage and rubbish.
Buildings and grounds which are free of rubbish, garbage, rodents, and other pests.
Assembly Bill 647 states that a property owner in the State of California MAY NOT demand rent, collect rent, give a rent increase notice or issue a three day notice to pay rent or quit
IF:
- A rental unit substantially lacks water proofing, gas facilities, hot and cold water, heating, electricity, sanitation or garbage receptacles, contains lead hazards, or is declared substandard because the conditions on the property are a danger to the tenant and/or the public
AND:
- An appropriate public agency inspects the premises and notices the landlord of his/her obligation to repair the substandard conditions
AND:
- The property owner does not repair the problem for at least 35 days after he/she has been notified
AND:
- The tenant did not cause the substandard condition.
Tenants may enforce these rights in a regular civil action or in a small claims action. The court can order a landlord to fix the property. If a landlord is found in violation of this law, he/she may be liable for money damages, attorney’s fees and costs of a lawsuit.
For inspections in Oakland call: 510-238-3381
For inspections in Alameda call: 510-748-4564
For information of about Small Claims Court, click here, or call 510-268-7665.
Furthermore, under a 1974 California Supreme Court Case, Green v. Superior Court, all leases and rental agreements are now deemed by law to include a warranty of habitability. This means, whether it is in the lease or not, the landlord is required to keep your unit in habitable condition at all times. "Habitable" means that the apartment conforms to the standards set forth in CCP 1941.1 as listed above. Even if the tenant knew when he/she moved in that a unit was below code, the tenant still has the right to demand that it be brought up to habitable standards.
What to do when the unit needs repairs
What is NOT a habitability violation?
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