Experienced Habitability
Attorneys in California

A rental property is deemed uninhabitable if it fails to meet essential health and safety standards mandated by California law. This includes conditions such as lack of heat, water, or electricity; significant pest infestations; toxic mold growth; structural defects (e.g., leaking roofs or unstable foundations); and the presence of hazardous materials like lead paint or asbestos. The California Health and Safety Code § 17920.3 outlines specific conditions that can render a property uninhabitable, emphasizing the landlord’s responsibility to ensure a safe living environment.

As a tenant in California, you have several rights under the implied warranty of habitability, which guarantees that your rental unit is safe and livable. This means landlords must maintain the property in good condition, address repairs promptly, and comply with local building and health codes. If your landlord fails to uphold these obligations, you have the right to request repairs in writing, withhold rent until issues are resolved, or even terminate your lease if conditions are severe enough to pose a risk to your health or safety.

Yes, you can sue your landlord for injuries directly resulting from unsafe living conditions. To succeed in a lawsuit, you must demonstrate that the landlord was aware of the hazardous condition, failed to take reasonable steps to remedy it, and that this negligence directly caused your injuries or health issues. For instance, if you suffered respiratory problems due to prolonged exposure to mold that the landlord ignored despite multiple complaints, you may have a valid claim for damages. We at ME Lawyers will guide you in suing your landlord and recovering the right amount of claim.

In a habitability injury case, you may be entitled to various forms of compensation depending on the specifics of your situation. These can include:

• Medical Expenses: Costs incurred for treatment related to injuries or illnesses caused by unsafe conditions (e.g., doctor visits, hospital stays, medications).
• Lost Wages: Compensation for income lost due to time off work while recovering from injuries.
• Pain and Suffering: Damages awarded for physical pain and emotional distress experienced as a result of the unsafe living environment.
• Property Damage: Costs associated with damage to personal belongings due to hazardous conditions (e.g., mold damage).
• Relocation Expenses: If you had to move out due to uninhabitable conditions, you may recover costs related to finding new housing.

In California, you generally have two years from the date of injury to file a personal injury lawsuit against your landlord under California Code of Civil Procedure § 335.1. This timeframe applies specifically to personal injury claims resulting from habitability issues. However, if you’re seeking remedies related to breach of contract (such as failure to fulfill lease obligations), you may have four years under § 337. It’s crucial to act promptly and consult with an attorney who can help ensure that your claim is filed within the appropriate statute of limitations.

If your landlord refuses to make necessary repairs after being notified in writing about unsafe conditions, you have several options:

• Document Everything: Keep detailed records of all communications with your landlord regarding repair requests.
• Contact Local Authorities: Report the issue to local housing authorities or code enforcement agencies that can inspect the property and enforce compliance with health and safety codes.
• Consider Withholding Rent: Under certain circumstances, tenants may legally withhold rent until repairs are made; however, this must be done carefully and usually requires legal guidance.
• Consult an Attorney: If all else fails, consult with a habitability injury lawyer who can advise on potential legal actions against your landlord for breach of the warranty of habitability.

Yes, if your rental unit is found to be uninhabitable and your landlord has failed to address serious habitability issues after being notified, you may have grounds to terminate your lease without penalty under California law.

• The process typically involves providing written notice of the issues and allowing the landlord a reasonable time frame (usually 30 days) to make necessary repairs.
• If they do not comply within this period, you can formally notify them of your intention to vacate due to uninhabitable conditions.
• It’s advisable to consult with an attorney before taking this step to ensure compliance with legal requirements. We at ME Lawyers are well experienced in personal injury matters and always available to serve our clients