When Your Unit Needs Repairs
First, you should notify your landlord in writing regarding repairs that need to be made to your unit. State that you want a response within a reasonable amount of time (5 to 10 days). Click here for a sample letter.
Then, you should contact the building or housing inspectors for the city in which you live. These inspectors normally do not charge a tenant for the inspection. If you have a problem with rats, roaches, or other insects or vermin, you must contact Vector Control for Alameda County. They will inspect your premise without charge. These agencies will make a report. Obtain a copy of this report and keep it for your records.
AB 647 Chapter 109 Became Law on January 1, 2004.
This law 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:
1. 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:
2. An appropriate public agency inspects the premises and notifies the landlord of his/her obligation to repair the substandard conditions
AND:
3. The property owner does not repair the problem for at least 35 days after he/she has been notified
AND:
4. 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.
Note: If your unit has a dangerous habitability problem, please be aware that the building inspector has the right to "red-tag" your unit, meaning hat the unit will be boarded up and you will be forced to leave with very little notice to you. (In serious cases, an inspector might order you and your family to leave immediately).
You may also choose to withhold your rent until the repairs are made. However, we do not recommend this remedy. If the rent is withheld, the landlord may serve you with eviction papers. You must then appear in court to defend yourself against eviction by proving in court that your unit has very serious and dangerous habitability problems. If the judge decides for the landlord, the tenant will loose his unit and will have an eviction against on his credit reports. This will make it very difficult to rent another unit. Because rent-withholding puts a tenant at substantial risk, we recommend that a tenant go to small claims court instead. This way, if he/she loses, which must always be considered as a possibility no matter how strong the case may seem, the tenant will not lose his/her home.
