The California Supreme Court held in Green v. Superior Court, 10 Cal.3d 616 (1974), that all residential leases contain an implied warranty of habitability which requires the landlord to maintain the property in a habitable state for the duration of the lease.
Moreover, California Civil Code §1941.1 asserts that a landlord has a statutory duty to put and keep the leased dwelling in a condition suitable for human occupation. The statute requires landlords to repair any harmful conditions that occur even subsequent to a tenant taking possession of the leased unit. A leased apartment will be deemed "untenantable" if it "is a residential unit described in Section 17290.3 of the Health and Safety Code.
Health & Safety Code §17920.3 deems a dwelling unit as "substandard" if there is "dampness", "infestation of insects, vermin, or rodents as determined by a health officer...", "visible mold growth...", "general dilapidations or improper maintenance", "defective or deteriorated flooring or floor supports", "deteriorated or ineffective weatherproofing of exterior walls, roofs...", "defective or lack of weather protection for exterior wall coverings...", or "any nuisance." Health and Safety Code §§17920.3(a)(11),(12),(13),(14), (b)(2), (c), and (g)(2),(3).
Our attorneys have been successfully fighting for tenant's rights against negligent slum lords for years. If you have been forced to live in uninhabitable conditions (including mold, asbestos, bedbugs, etc...), give us a call for a free consultation. You may be entitled to compensation for any damages caused as a result of your landlord's actions.
As a landlord and/or property owner in California, it is important you are aware of your rights and responsibilities before you can initiate eviction proceeding against a tenant, renter, squatter, foreclosure tenant or short-sale tenant. The attorneys at SIMONIAN & SIMONIAN, PLC have the experience and expertise in handling Unlawful Detainer actions for both commercial and residential leases. We provide comprehensive eviction services in Los Angeles and all other surrounding counties. All "3/30/60 day Notices" must abide by the requirements memorialized in the California Code of Civil Procedure and all procedural rules must be meticulously followed. The attorneys at SIMONIAN & SIMONIAN, PLC are exceptionally proficient in Unlawful Detainer trials and possess the necessary skills and expertise to deliver possession of the subject property as quickly and efficiently as possible.
As a tenant/renter, if served with a court eviction lawsuit, you must act swiftly in order to protect your rights and remain in possession of your property. The experienced attorneys at SIMONIAN & SIMONIAN, PLC. know your legal rights and we provide the best strategic approach to successfully defending our clients in Unlawful Detainer matters. Our attorneys are well versed in the tricks and tactics used by landlords and owners to evict their tenants and we will make sure our clients have the absolute best chance at successfully defending against an Unlawful Detainer judgment and/or a forced eviction.