Legal Question in Real Estate Law in California

Code Violations and Resulting Evictions

Hello,

I was hoping you might be able to provide some assistance in a very touchy situation that our landlord has put us into by violating our implied warranty of habitability. He is planning on serving us with 30 day notices because he cannot afford to replace the substandard plumbing on the property. What are our legal rights in a situation that, to me, is clearly retaliatory? We have informed the landlord of many plumbing problems, and he refused to do anything more than the bare minimum to remedy the problems. Code Enforcement was contacted annonymously when one of the water mains broke, and the landlord improperly fixed the pipe.

If you cannot provide assistance, at least direct me to where I might be able to find answers myself over the internet or elsewhere. Any help would be greatly appreciated.

Thank you


Asked on 2/12/01, 1:49 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Code Violations and Resulting Evictions

Here are three comments for you:

(1) Breach of the implied warranty of habitability is often a reason for a tenant to withhold rent. It has little or no direct connection with eviction, in my view. See Civil Code sections 1941, 1941.1, 1941.3 for example.

(2) If the 30-day eviction notices were SOLELY due to the landlord's inability to afford necessary repairs, they would probably be lawful.

Ellis Act, Government Code section 7060 et seq.

(3) If you can prove that the evictions are retaliatory, you have a case. A landlord can evict (usually/most places) for a good reason (such as can't afford repairs), or for no reason, but seldom if ever for a bad reason (retaliation for whistle blowing). See Civil Code section 1942.5.

Finding a lawyer willing to take your case may be difficult. Your proof of retaliatory intent will have to be pretty strong. Damages you are entitled to recover (which include attorneys fees) if you win are spelled out in Civil Code section 1942.5(f).

You can read the Codes at your county law library, which is a specialized public library in every county. Many general public libraries also have the Codes in their reference sections.

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Answered on 3/22/01, 12:59 pm


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