Legal Question in Real Estate Law in California
Sueing Landlord for Failure to maintain liveable housing standards
Over the past year our place has been falling apart. A chunk of our ceiling fell down and it leaks every time it rains. The wall around our shower was eroding away. We complained several times to our landlord about the situation only to be told that he�ll get to it soon. A year has past and so far he says that the roof is fixed. It still has a hole and still leaks when it rains. My mother pinned up cardboard over the hole to keep the water leaking to a minimum. The bathroom is still incomplete. We have plastic curtains surrounding our shower to protect the unfinished walls. We wish to move but do not have enough to move to a new location. I heard that there is a law that allows us to out and have him pay for part of the rent of the new place due to the fact that we have been living in such conditions for a long while. Also, while we�re living under these conditions, our landlord has returned to Germany for three months, and we have to deposit our rent into his checking account. Please, someone respond and help. PS: He has also kicked our dog. I�m sure there is more, but I�ve been away at college during most of this time.
2 Answers from Attorneys
Re: Sueing Landlord for Failure to maintain liveable housing standards
Civil Code Section 1942 provides that the tenant may notify the landlord of an unsafe or unsanitary condition. Then when the landlord doesn't respond in a reasonable time. the tenant may fix the problem (pay someone to do it), and deduct the cost from the rent. This may be done once every twelve months and the cost may not exceed more than one months rent. Otherwise withhold the rent and use it to move. When sued by the landlord raise the habitability issue as a defense. Take lots of pictures.
Re: Sueing Landlord for Failure to maintain liveable housing standards
Many communities have free legal services available for low income families. Check with the local bar associatio for a referral.
If free legal advice is not available contact the city building department regarding building code violations. If there are building code violations, they can be used to show that the apartment is not habitable. The rental value may well be much lower than your mother is paying. She could then withhold rent, and save to help pay her expenses for moving. Should the landlord sue her for non payment she can respond that the rental value of the property is less than she is paying, the court may order him to pay her a refund on the over payment of rent.
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