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Terms Lawsuit Damage Against Landlord
In order for a tenant to win lawsuit for damages as a remedy against the landlord, all of the following conditions must be met:181
- The rental unit has a serious habitability defect. That is, the rental unit contains a lead hazard that endangers the occupants or the public; or substantially lacks any of the a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public; and
- A housing inspector has inspected the minimum requirements for habitability listed in the eight categories on page 38; or has been declared substandard because, for example, a structural hazard, inadequate sanitation, or premises and has given the landlord or the landlord’s agent written notice of the landlord’s obligation to repair the substandard conditions or abate the nuisance; and
- The nuisance or substandard conditions continue to exist 35 days after the housing inspector mailed the notice to the landlord or agent, and the landlord does not have good cause for failing to make the repairs; and
- The nuisance or substandard conditions were not caused by the tenant or the tenant’s family, guests, or pets; and
- The landlord collects or demands rent, issues a notice of rent increase, or issues a three-day notice to pay rent or quit after all of the above conditions have been met.
To prepare for filing this kind of lawsuit, the tenant should take all of these basic steps:
- The tenant should notify the landlord in writing about the conditions that require repair. see“Giving the landlord notice,” The rental unit must have serious habitability defects that were not caused by the tenant’s family, guests, or pets.
- The notice should specifically describe the defects and the repairs that are required.
- The notice should give the landlord a reasonable period of time to make the repairs.
- If the landlord doesn’t make the repairs within a reasonable time, the tenant should contact the local city or county building department, health department, or local housing agency and request an inspection.
- The housing inspector must inspect the rental unit.
- The housing inspector must give the landlord or the landlord’s agent written notice of the repairs that are required.
- The substandard conditions must continue to exist 35 days after the housing inspector mailed the notice to the landlord or landlord’s agent. The landlord then must collect or demand rent, raise
the rent, or serve a three- day notice to pay rent or quit. - The tenant should gather evidence of the substandard conditions (for example, photographs or videos, statements of witnesses, inspection reports) so that the tenant can prove his or her case in court.
- The tenant should discuss the case with a lawyer, legal aid organization, tenant program, or housing clinic in order to understand what the lawsuit is likely to accomplish, and also the risks involved.182
181 Civil Code Section 1942.4(a). See Health & Safety Code Sections 17920.3, 17920.10.
182 Civil Code Section 1942.4, which gives the tenant the right to sue the landlord as described in this section, also can be used defensively.If the landlord brings an unlawful detainer action against the tenant based on nonpayment of rent, and the court finds that the land- lord has violated all of the five conditions listed in the bullets on this page, the landlord is liable for the tenant’s attorneys fees and costs of suit, as determined by the court. (Code of Civil Procedure Section 1174.21).
You might also want to read:
- Tenants Guide to Filing a Lawsuit against Landlords to Recover Money Damages in Repairs A tenant can file a lawsuit against the landlord to recover money damages if the landlord does not repair serious defects in the rental unit in a timely manner.176 This......
- Tenants Guide to the Abandonment Remedy in Repairs Instead of using the repair and deduct remedy, a tenant can abandon (move out of) a defective rental unit. This remedy is called the “abandonment” remedy. A tenant might use......
- Tenants Guide to Repair And Deduct Remedy in Repairs The “repair and deduct” remedy allows a tenant to deduct money from the rent, up to the amount of one month’s rent, to pay for repair of defects in the......
