| Under California law landlords have to adhere to | | | | for the actual damages, plus special damages of |
| housing standards and must refrain from using | | | | no less than $100 and not more than $5,000.00. |
| self help. There are housing standards that if | | | | The prevailing party is also entitle to reasonable |
| violated will deem the property untenable, | | | | attorney fees and costs. |
| meaning it cannot be rented out. | | | | This does not mean that the tenant can cause |
| The property is deemed untenable, if it | | | | these conditions and it does not mean thatthe |
| substantially lacks the following: | | | | landlord is liable if the tenant chooses to live in |
| (1) Effective waterproofing and weather | | | | substandard conditions. The landlord has no duty |
| protection of the roof, walls, windows, and doors; | | | | to repair a dilapidation if the tenant is in substantial |
| (2) gas facilities maintained in good working order; | | | | violation of the following affirmative obligations: |
| (3) a water supply capable of producing hot and | | | | (1) The tenant is obligated to keep that part of |
| cold running water, and connected to a sewage | | | | the premises which he occupies and uses clean |
| disposal system; | | | | and sanitary as the condition the premises permit; |
| (4) heating facilities maintained in good working | | | | (2) The tenant is required to properly dispose for |
| order; | | | | his dwelling unit all rubbish, garbage and other |
| (5) Electrical lighting, maintained in good working | | | | waste , in a clean and sanitary manner; |
| order; | | | | (3) The tenant is obligated to refrain from giving |
| (6) the building, the grounds, appurtenances, and all | | | | permission to any person on the premises to |
| areas under control of the landlord starting from | | | | willfully destroy, deface, damage, impair or |
| the time of the commencement of the lease or | | | | remove any part of the structure and the tenant |
| rental agreement have to be kept clean, sanitary, | | | | also must refrain from doing such things; |
| free from all accumulations of debris, filth, rubbish, | | | | (4) The tenant is obligated to occupy the |
| garbage, rodents, and vermin; | | | | premises as his abode, utilizing portions for living, |
| (7) an adequate number of appropriate | | | | sleeping, cooking or dining purposes only as the |
| receptacles for garbage and rubbish, in clean | | | | dwelling was designed and intended to be used. |
| condition and good repair at the time of the | | | | These are the most basic requirements, but the |
| commence of the lease or rental agreement, and | | | | list of obligations and responsibilities is much |
| the landlord is responsible for the clean condition | | | | broader and imposes even more responsibilities on |
| and good repair of the receptacles under his or | | | | the landlord. What is shocking, is that a landlord is |
| her control; | | | | allowed to legally harass a tenant, even when the |
| (8) floors, stairways maintained in good repair. | | | | landlord has no viable claim and is in violation of |
| The landlord also has to be sure he complies with | | | | the preceding. A landlord can initiate eviction |
| local ordinances and any remodeling has to comply | | | | proceedings and even evict a tenant, even if the |
| with existing building codes. | | | | landlord is in violation of the aforementioned |
| A landlord of a dwelling cannot legally demand | | | | housing violations. If the tenant is able to obtain |
| rent, collect rent, issue a notice of a rent increase, | | | | counsel to represent the tenant the landlord can |
| or issue a three day notice to pay rent or quit, if | | | | litigate the lawsuit and then on the day of trial |
| the property is untenable and: | | | | simply dismiss the lawsuit. |
| (1) A public officer or employee who is responsible | | | | If the landlord alleges a contract violation as the |
| for the enforcement of any housing law, after | | | | basis of the lawsuit, the landlord can dismiss the |
| inspecting the premises, has notified the landlord | | | | lawsuit at the very last minute and not incur any |
| or the landlord's agent in writing of his or her | | | | attorney fees or costs, because if there is an |
| obligations to abate the nuisance or repair the | | | | attorney fee provisions in the lease agreement |
| substandard conditions; | | | | there is no winner when the landlord voluntarily |
| (2) The conditions have existed and have not | | | | dismisses the case. It is a loophole that essentially |
| been removed 35 days after notice was received | | | | encourages frivolous lawsuits. Under California law |
| from a public officer and the delay is not for good | | | | the landlord could bring a frivolous lawsuit several |
| cause; | | | | times and dismiss them just before trial after the |
| (3) and the conditions were not caused by an act | | | | tenant has exhausted thousands defending the |
| of the tenant or the tenants failure to act. | | | | lawsuit. This is how a landlord can harass a tenant |
| A landlord that demands rent, collects rent, or | | | | legally. |
| issues a notice of rent increase, or issues a three | | | | It is not right, it is not fair, and certainly not just, |
| day notice to pay or quit and the four conditions | | | | but it is the result that was created by the State |
| are present then the landlord liable to the tenant | | | | Legislature. |