Tenant Rights in Habitability Cases

Unsafe Living Conditions Claims

Tenants in California have the right to live in safe and habitable housing. If a rental unit has serious health or safety violations—such as mold, pest infestations, faulty plumbing, lack of heating, or structural hazards—tenants may file an unsafe living conditions claim. Under California law, landlords are required to maintain rental properties in a condition fit for habitation. If a landlord fails to address these issues after being notified, tenants may have legal recourse, including filing complaints with local housing authorities or seeking legal action.

Breach of Implied Warranty of Habitability

California law recognizes an “implied warranty of habitability,” meaning landlords must provide rental units that meet basic living standards. This warranty is non-negotiable and applies to all rental agreements, whether written or verbal. If a landlord fails to make necessary repairs or correct habitability violations, they may be in breach of this legal obligation. Tenants can take legal action to compel repairs or seek compensation for damages suffered due to uninhabitable conditions.

Rent Abatement and Repair-and-Deduct

Tenants have options when dealing with unaddressed habitability issues. Two common remedies include:

• Rent Abatement: If a rental unit becomes partially or entirely uninhabitable due to the landlord’s failure to maintain the property, tenants may be entitled to a reduction or complete suspension of rent payments until repairs are made.

• Repair-and-Deduct: California law allows tenants to pay for necessary repairs themselves and deduct the cost from their rent. However, this option is subject to legal limitations, such as providing proper notice to the landlord and ensuring that repair costs do not exceed one month’s rent.

Retaliatory Eviction Defense

Landlords cannot retaliate against tenants for asserting their legal rights. If a tenant complains about habitability issues, requests necessary repairs, or reports violations to a housing authority, the landlord cannot evict, increase rent, or take punitive action in response. California law provides strong protections against retaliatory eviction, and tenants who face such actions may have grounds to challenge them in court.

Contact an Experienced Real Estate Lawyer

If you are a tenant dealing with habitability issues or a landlord seeking guidance on compliance with California’s rental laws, legal assistance can be invaluable. Borna, an experienced real estate lawyer in California, can help you understand your rights and take the appropriate legal steps.

📞 Call: (888) 42-BORNA
📍 Visit: 2530 Wilshire Boulevard, 3rd Floor, Santa Monica, CA 90403

For expert legal representation in real estate matters, contact Borna today.