San Francisco, California Habitability and Tenantability Issues
Your Rental House or Apartment: Is it up to Code?
At the Law Offices of James Coy Driscoll, we use the power of the law to protect tenants who are dealing with habitability or tenantability issues:
Habitability/Tenantability — Is the property suitable to be lived in by human beings according to California law? — Does the property lack waterproofing, proper heating, or safe tenant conditions according to the California Civil Code?
Landlords are responsible for maintaining habitable living conditions in their rental properties. According to California law, landlords are responsible for making repairs to the property that could affect the health or safety of tenants. In short, rental property must be habitable, and it is the landlord's duty to maintain it.
If you are a tenant and you think that the property you are renting is unlivable according to the building code, please call us at (415) 673-6000 to discuss your case in a free phone consultation.
What Makes a Rental Unit Uninhabitable?
There are many factors that make rental property uninhabitable according to the California Civil Codes 1941 and 1941.1. The following are some examples of what may classify a house, apartment, or other rental property as uninhabitable:
- Broken or faulty heating
- Broken or faulty plumbing
- Problems with electricity / electrical wiring
- Problems with gas supply
- Failure to maintain sanitary buildings
- Absence of toilet, shower, and/or bathtub
- Inadequate hot water
- Absence of working smoke detectors
- Absence of deadbolt locks on main entrance
- Absence of locks on each window
- Absence of adequate trash containers
- Rodents, roaches, and/or bedbugs.
- Many more
The tenant also has responsibilities as a renter, which include: proper use of gas, electrical, and plumbing fixtures, keeping unit clean and sanitary, proper disposal of trash, proper apartment maintenance.
If you have been living in a rental unit that is uninhabitable, you may be able to file a lawsuit against your landlord to recover damages.
Experienced Tenants' Rights Attorney
Attorney James Coy Driscoll has more than 17 years of experience providing tenants in the San Francisco, California area with solid representation in all tenants' rights matters.
Being informed of tenantability, habitability, and apartment maintenance requirements is a valuable tool for tenants. In the event a tenant receives a 3-day notice to vacate, an uninhabitable unit could be used as defense to eviction. Our firm is experienced in finding creative ways to deal with tough legal issues regarding housing habitability.
Contact Us
To talk to a tenants' rights and apartment maintenance lawyer in a free phone consultation, call (415) 673-6000, or contact us online. Whether you are dealing with a landlord who fails to maintain habitable property, or fails to meet housing or apartment maintenance requirements, we can help.
