Failure to Repair
Our office regularly represents Bay Area tenants in disputes that arise out of a landlord’s failure to maintain and repair their apartment or home. In California a landlord has a duty to provide their tenants with safe, sanitary housing. This includes making repairs when necessary, and keeping your home free of things like mold, bedbugs, rodent and pest infestations, lead, and water leaks, among other problems.
Unfortunately, while landlords are obligated to respond to repair requests promptly and to ensure your home is safe and inhabitable, not all landlords fulfill their responsibilities.
For tenants living with substandard conditions you may have grounds to recover money from your landlord. The best form of legal action to take will depend on the facts of your situation.
Tenants dealing with substandard living conditions may have grounds to take legal action against their landlord including, but not limited to:
- decrease in services petitions with the San Francisco Rent Board,
- lawsuits for breach of the implied warranty of habitability, and
- lawsuits for constructive eviction.
Our office has successfully resolved many disputes on behalf of tenants dealing with substandard living conditions. to find out how we can help contact us today.
California Civil Code Section 1941.1 provides as follows:
(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:
(1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
(2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
(3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
(4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
(5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
(6) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
(7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control.
(8) Floors, stairways, and railings maintained in good repair.
(9) A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008.
(b) Nothing in this section shall be interpreted to prohibit a tenant or owner of rental properties from qualifying for a utility energy savings assistance program, or any other program assistance, for heating or hot water system repairs or replacement, or a combination of heating and hot water system repairs or replacements, that would achieve energy savings.
These are some of our results and not a guarantee of an outcome.
Recovered on behalf of elderly, disabled tenant who was forced to move out of her rent controlled San Francisco apartment of 50 years after landlord/owner failed to resolve numerous building code violations that remained outstanding for over a decade.
Confidential settlement on behalf of seven tenants in East Palo Alto who were forced to move out of their homes due to the landlord's failure to maintain a safe living environment, leaving several of them homeless.
Recovered in action for group of tenants forced to vacate their San Francisco apartment house due to severe habitability defects including mold and water leaks.
I'm so grateful for Daniel Wayne & Tony Burchell, they offered SO much helpful useful information -- it was the boost we needed for sure. I feel confident knowing that we have the Law Offices of Daniel W Wayne on our side because our landlord & property manager has used some pretty low harassment maneuvers that rendered me immobile with fear for too long so, thank you for lifting that fear.
I cannot recommend Daniel Wayne highly enough. We are expecting our first child this fall and recently discovered unsafe lead dust levels around our apartment through the San Francisco Lead Prevention Program. After the city contacted our landlord to remedy the unsafe living situation, we were threatened repeatedly by our landlord. When contacted, Daniel was quick to respond, provided us with clear guidance on our legal rights, and helped us with the appropriate next steps. He was highly knowledgeable about landlord tenant law and empathetic to our stressful situation. We are now in a much better place - thanks to Daniel's help - and just knowing that we can contact Daniel if any additional problems arise for my family really puts my mind at ease.