The actions, or the complete lack of action, of landlords can directly cause harm to tenants. Unfortunately, slumlords are far too common in communities that are primarily immigrant and undocumented. A slumlord refers to a landlord who prioritizes profit over tenant safety. In other words, a slumlord is likely to ignore property maintenance, including but not limited to pest control, structural repairs, plumbing, etc., all while charging inflated rents. This means that tenants all paying rent while living in conditions that are often considered uninhabitable.

Immigrant communities are heavily affected by lack of resources (specifically related to information on housing rights) and fear. Many affected individuals endure living in unsafe and uninhabitable rentals all because they believe they have no rights and cannot take any action against their landlords.

In California, every tenant, including those who may not be in the country legally, have rights. Even if you are an undocumented immigrant, you have the right to safe housing. If your landlord has failed to keep your rental unit, rental apartment, or rental home in habitable condition, it is important that you explore the legal options available to you.

The Downtown L.A. Law Group has decades of experience handling landlord-tenant lawsuits, including lawsuits for unsafe and uninhabitable conditions in rental homes. Our team is committed to representing the community and helping everyone, including undocumented individuals, exercise their rights.

We are proud to be able to offer legal services in many languages, including Spanish, to ensure that every person you seeks our guidance can get help in their preferred language.

If you are ready to explore the legal options available to you, contact our team today.

Your Right to Sue Under the Warranty of Habitability

What is the Warranty of Habitability? The Warranty of Habitability, as outlined by California Civil Code 1941.1 and reinforced by a 1974 court case, requires landlords to keep their rental properties in habitable condition; even when not explicitly stated in rental agreements, it is always implied.

Under the Warranty of Habitability, all landlords need to maintain habitable conditions in their rentals, meaning that their rentals must have the following:

• A roof, exterior walls, windows, and doors that keep the weather out of the property

• Access to hot water

• A functional heater

• Electric lighting with working equipment and wiring

• Sturdy walls and floors, including stairs and railings when applicable

• The necessary trash bins

• In apartment units, a locking mailbox

• A generally clean premises

• No toxins, including lead, asbestos, or mold

• No vermin/inspects, including bed bugs, roaches, mice, rats, etc.

It is important to highlight that some possible uninhabitable conditions could result in serious health issues, which could give tenants the right to sue their landlords for the harm suffered.

Is My Landlord Always Responsible for Keeping the Property Habitable

In general, landlords are always responsible for keeping the property habitable. However, it is important to note that in some situations, responsibility may be shifted to tenants. This specifically applies to situations created by the tenant. For example, if a tenant that moves in brings an infestation with them, they may be financially responsible for the costs of addressing the infestation. That is, the landlord will still be responsible for pest control, but the at-fault tenant may be billed for the costs.

What Happens If My Landlord did not Keep the Rental Habitable?

If your landlord breached the Warranty of Habitability and failed to keep the rental property in habitable condition, given that they were aware of the issues/hazards present in the rental, then the landlord could be held accountable and sued for the uninhabitable conditions. Affected tenants could pursue lawsuits for breach of contract. Of course, if the uninhabitable conditions affected your and your family’s health in any way, you could also pursue injury lawsuits. In many cases, both types of claims can be pursued simultaneously.

To ensure that you have a thorough understanding of what you can do if your landlord did not keep the rental property habitable resulting in damages, contact our team today.