Legal Question in Landlord & Tenant Law in California

In the state of California, there is what is termed an 'Implied Warranty of Habitability' when it comes to a landlord-tenant relationship in a residential property. What this 'warranty' means is that in every residential rental agreement (whether written or verbal) between a landlord and tenant, the landlord, by implication, assures that the property is, and will be, maintained in and repaired to a condition that meets certain standards of 'habitability.' If the landlord fails to meets those conditions, then the landlord is considered to have violated said 'warranty.'

There are certain consequences that a landlord may sustain as a result of their violation of said 'warranty.' As you may have already guessed from your particular fact situation, one of those consequences is a tenant's assumption that they may withhold rent due to the landlord's violation.

While a violation of the 'Implied Warranty of Habitability' may be raised as a defense by a tenant in any eviction that results from the tenant's failure to pay rent for the rented premises, it does not automatically mean that the landlord is left with no choice but to let the tenant go without paying their rent and also be unable to repair the conditions which are giving rise to the alleged violations of the 'warranty.'

The landlord has a right to be given an opportunity to cure the repairs needed to get the premises to a habitable condition (presuming the need for said repairs render the rented premises to rise to the level of being considered 'uninhabitable,' of course). This includes giving the landlord an opportunity to enter the rented premises with a repair person, etc. to get those repairs done as long as the landlord provides the tenant with the necessary legal notice to do so. This also includes the rare occasion that a specialist or construction person needs to go into the rented premises and demolish/repair the premises over a period of days or more and a tenant has to leave due to a dangerous condition to said tenant. Not only that but these situations do not automatically indicate that the landlord does not have a right to continue to collect and demand rent from the tenant, as long as the landlord is making the necessary arrangements to provide the tenant with adequate, alternative abode during the repair period.

Determining which are the best options and decisions in your particular fact situation is something that you need to speak to with a competent and professional attorney that will inform you of your rights. If you are interested in setting up a no-obligation consultation with an attorney that can do just that, give our office a call at (888) 790-5053 and/or visit our website at www.coronacalawyer.com.