Uninhabitable Units & Properties

Experienced Calabasas Tenant Rights Attorney

According to Civil Code Section 1941, the landlord has a duty to ensure their property is inhabitable. By definition, this means the property must be conducive to a healthy, safe living environment that is generally seen as fit to be inhabited by human beings. In other words, the landlord is responsible for certain repairs and maintenance to keep the property up to a livable standard. If the landlord is negligent in this regard and a property becomes uninhabitable, the tenant may withhold rent or take legal action to seek justice and recover damages. 

If you are living in an uninhabitable property, or if your property was deemed uninhabitable, forcing you to relocate, you may have reason to file a claim against the liable landlord. Our firm is here to help. At Gaines & Gaines we have more than five decades of experience and we are dedicated to providing our clients with steadfast, trustworthy legal support. We rely on a client-centric approach so you always know where you stand and what to anticipate next, however complex your case may be. 

Are you ready to take the next step? Call (866) 400-4450 today to schedule your free consultation with our lawyers about your Calabasas uninhabitable unit case. 

Can I File a Lawsuit Against My Landlord?

If your landlord has violated your rights as a tenant by failing to make your property inhabitable or safe, you may be entitled to take action. A unit may be uninhabitable if it does not provide standard measures of comfort, such as running water and heat. First, the tenant must notify the landlord of the poor conditions so they have a chance to repair the issue. If the landlord does not make the necessary repairs, the tenant may be within their rights to make the repairs themselves and withhold a portion of the rent (equivalent to the cost of the necessary repairs). 

Tenants’ Rights in California

The California Department of Consumer Affairs provides a California Tenants Guide, which explains the rights tenants are entitled to, especially as it applies to landlord responsibilities. If your landlord violates these rules, you may be able to take up the issue in small claims court or take additional action to seek certain damages. 

What Types of Damages Could a Tenant Be Entitled To?

Depending on the particulars of your situation, you may be able to take legal action against your landlord and sue for damages. Potential tenant’s rights claims include:

• Breach of warranty of habitability
• A tort action for negligence
• Statutory Action for damages and abatement
• Failure to provide habitable premises
• Action for retaliatory eviction

Actions in a tenants’ rights case may pursue compensation for actual damages, statutory damages, and attorneys’ fees. 

What If I Have a Claim?

If you believe the property you live in could be deemed “uninhabitable,” you should contact a local or state property health inspector to assess your living conditions. If they see cause for concern, you will have more substantial evidence to prove that your landlord is liable for failure to provide you with a safe living space. 

Our attorneys at Gaines & Gaines are committed to helping tenants exercise their rights. We understand how stressful and unhealthy it can be to deal with these types of living situations, and we want to do what we can to help you pursue justice and compensation so you can move forward. Everyone has a right to a safe, healthy living environment, and we want to help you advocate for your rights as a California tenant. 

Contact our lawyers at Gaines & Gaines to schedule a free initial consultation with our team. We have more than 100 years of collective experience to lend to your case!