When a California landlord significantly neglects the maintenance needs of a tenant, state law provides several avenues for recovery. Specifically, tenants who are experiencing habitability issues with the property they are renting can bring an affirmative lawsuit against their landlords for. HBK Lawyers APC and our tenant rights attorney in Glendale, serving tenants throughout Los Angeles and Riverside Counties can help you understand your rights, explore your legal options, and seek justified compensation from your negligent landlord.
Call us at (800) 576-4620 for more information.
Legal Remedies for Tenants in Uninhabitable Rentals
Some available lawsuits for California tenants include:
- Statutory action for damages and abatement: This can include actual damages, statutory damages, and attorneys’ fees. This claim can apply not only to physical conditions on the property but also any nuisance. This remedy is available only if certain requirements are first met, including written notice to the landlord from a local housing code enforcement agency prior to filing a lawsuit.
- Action for breach of the implied warranty of habitability: This claim can be asserted by a tenant even in the absence of written code enforcement reports, so long as there is sufficient evidence to show that the landlord knew of the substandard conditions, but did not take proper action to make needed repairs. If the lease between the landlord and tenant included an attorney fee clause for either, the prevailing party may recover it. Our tenant rights lawyer in Glendale, serving clients throughout Los Angeles County and Riverside County, can help you determine if you have a case against your landlord.
- Tort action for negligence: A landlord is liable to a tenant or others for injuries suffered as a result of defects on the premises that should have been repaired. For example, if a rickety staircase the landlord knew about collapses and you get hurt, then you may be able to sue your landlord for negligence.
There are also several remedies available under California law including those for failure to provide habitable premises, or for retaliatory eviction. If you believe you have been wronged by your landlord, contact our tenant rights lawyer in Glendale, serving clients throughout Los Angeles County and Riverside County, for a free consultation.
Under California law, tenants are legally entitled to reside in rental units that meets their basic health and safety needs. If a California landlord fails and refuses to take care of important and major maintenance needs, you should call state or local building health inspectors to come inspect the property. Notably, California law makes it illegal for landlords to retaliate against a tenant who exercises their rights to a safe, habitable space.
For Legal Help in California, Call (800) 576-4620 If your landlord has breached the implied warranty of habitability, and your unit is infested with rats, mice, cockroaches or other insects or animals, contact HBK Lawyers, APC to help you enforce your rights under the law. We are here to make certain you are given a safe space and will aggressively fight on your behalf.
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