Landlords are very good at collecting rent. They like to have the money come in. But many landlords think their obligations end once they cash your rent check. In particular, many landlords don’t like to spend money to make necessary repairs. Some landlords will allow tenants to live in squalor and ignore tenant complaints about repairs.
What options do tenants have in these situations, and how can San Francisco tenant lawyers be of assistance?
The Law
In Green v. Superior Court (1974), the California Supreme Court declared that an implied warranty of habitability applies to leased premises. If a residence falls below certain standards, it violates that warranty and tenants have certain remedies. Additionally, Civil Code section 1941.1 specifies certain characteristics that all residential dwelling units must have. These conditions include:
- Exterior: The roof and walls must be effectively weatherproofed, and there cannot be any broken doors or windows.
- Interior: Plumbing, gas, and electrical systems (including both the wires and the lights) must be in good working order and free from potentially hazardous defects. There must also be hot and cold running water, as well as an effective sewage disposal system.
- Heat: Heating facilities must be installed and maintained in good working order.
- Surfaces: Floors, steps, stair rails, and other areas must be well-maintained and safe.
- Buildings and Grounds: A Landlord must keep all areas under the landlord’s control free of rodents, vermin, and trash.
Knowledge of pre-existing condition does not constitute waiver, so even if you knew that a leasehold did not meet these standards when you moved in, you still have the right to demand repairs.
The Procedure
Tenants have a number of options if a landlord refuses to make a repair. A San Francisco tenant lawyer can help you design the best approach for a given situation.
- Go to the Rent Board: If a landlord has removed a housing service or failed to make repairs, the tenant can file a petition at the San Francisco Rent Board for decrease in services. The Rent Board can award the tenant back rent and can reduce the tenant’s rent until the housing service is restored or the repairs are made.
- Sue the Landlord in Small Claims Court: The tenant can sue the landlord in small claims for failing to make repairs. The tenant can sue for up to $10,000 in small claims court. Claims exceeding $10,000 should be brought in regular Superior Court.
- Repair-and-Deduct: Tenants may make needed repairs themselves and deduct the cost from the next month’s rent. The amount deducted cannot exceed one month’s rent and the remedy can only be used twice in any twelve-month period. Note that this remedy carries a substantial risk for the tenant because the landlord may attempt to evict the tenant for nonpayment of rent. Although the tenant will likely have a strong defense to the eviction, it can be costly and time-consuming to fight the eviction.
Partner With Attorneys Who Are On Your Side
Tenants have the right to occupy property that is healthy and safe. For prompt assistance with claims in this area, contact an aggressive San Francisco tenant lawyer for a confidential consultation. At Elke & Merchant LLP, after-hours consultations are available.