Is my lease still valid since the property was not ready when the lease stated it would be?
Full Question:
Answer:
You should carefully read the terms of your lease agreement regarding delivery by the landlord of possession of the property and your remedies as a tenant. Generally, a landlord is obligated to supply possession of the premises as agreed in the lease, and the premises must meet minimum standards of habitability including compliance with applicable building codes. If a landlord fails to provide possession of the premises, tenant may find other lodgings and sue the landlord for the difference in monthly cost, providing tenant mitigates damages.
The applicable California statutes are as follows:
§ 1941 Civ.
Section Nineteen Hundred and Forty-one. The lessor of a
building intended for the occupation of human beings must, in the
absence of an agreement to the contrary, put it into a condition fit
for such occupation, and repair all subsequent dilapidations thereof,
which render it untenantable, except such as are mentioned in section
nineteen hundred and twenty-nine.
§ 1941.1 Civ.
A dwelling shall be deemed untenantable for purposes of Section 1941
if it substantially lacks any of the following affirmative standard
characteristics or is a residential unit described in Section
17920.3 or 17920.10 of the Health
and Safety Code:
(a) Effective waterproofing and weather protection of roof and exterior
walls, including unbroken windows and doors.
(b) Plumbing or gas facilities that conformed to applicable law in
effect at the time of installation, maintained in good working order.
(c) A water supply approved under applicable law that is under the
control of the tenant, capable of producing hot and cold running water,
or a system that is under the control of the landlord, that produces hot
and cold running water, furnished to appropriate fixtures, and connected
to a sewage disposal system approved under applicable law.
(d) Heating facilities that conformed with applicable law at the time
of installation, maintained in good working order.
(e) Electrical lighting, with wiring and electrical equipment that
conformed with applicable law at the time of installation, maintained in
good working order.
(f) Building, grounds, and appurtenances at the time of the
commencement of the lease or rental agreement, and all areas under
control of the landlord, kept in every part clean, sanitary, and free
from all accumulations of debris, filth, rubbish, garbage, rodents, and
vermin.
(g) An adequate number of appropriate receptacles for garbage and
rubbish, in clean condition and good repair at the time of the
commencement of the lease or rental agreement, with the landlord
providing appropriate serviceable receptacles thereafter and being
responsible for the clean condition and good repair of the receptacles
under his or her control.
(h) Floors, stairways, and railings maintained in good repair.
§ 1941.3 Civ.
(a) On and after July 1, 1998, the landlord, or his or her agent, of a
building intended for human habitation shall do all of the following:
(1) Install and maintain an operable dead bolt lock on each main
swinging entry door of a dwelling unit. The dead bolt lock shall be
installed in conformance with the manufacturer's specifications and shall
comply with applicable state and local codes including, but not limited
to, those provisions relating to fire and life safety and accessibility
for the disabled. When in the locked position, the bolt shall extend a
minimum of 13/16 of an inch in length beyond the strike edge of the door
and protrude into the doorjamb.
This section shall not apply to horizontal sliding doors. Existing dead
bolts of at least one-half inch in length shall satisfy the requirements
of this section. Existing locks with a thumb-turn deadlock that have a
strike plate attached to the doorjamb and a latch bolt that is held in a
vertical position by a guard bolt, a plunger, or an auxiliary mechanism
shall also satisfy the requirements of this section. These locks,
however, shall be replaced with a dead bolt at least 13/16 of an inch in
length the first time after July 1, 1998, that the lock requires repair
or replacement.
Existing doors which cannot be equipped with dead bolt locks shall
satisfy the requirements of this section if the door is equipped with a
metal strap affixed horizontally across the midsection of the door with a
dead bolt which extends 13/16 of an inch in length beyond the strike edge
of the door and protrudes into the doorjamb. Locks and security devices
other than those described herein which are inspected and approved by an
appropriate state or local government agency as providing adequate
security shall satisfy the requirements of this section.
(2) Install and maintain operable window security or locking devices
for windows that are designed to be opened. Louvered windows, casement
windows, and all windows more than 12 feet vertically or six feet
horizontally from the ground, a roof, or any other platform are excluded
from this subdivision.
(3) Install locking mechanisms that comply with applicable fire and
safety codes on the exterior doors that provide ingress or egress to
common areas with access to dwelling units in multifamily developments.
This paragraph does not require the installation of a door or gate where
none exists on January 1, 1998.
(b) The tenant shall be responsible for notifying the owner or his or
her authorized agent when the tenant becomes aware of an inoperable dead
bolt lock or window security or locking device in the dwelling unit. The
landlord, or his or her authorized agent, shall not be liable for a
violation of subdivision (a) unless he or she fails to correct the
violation within a reasonable time after he or she either has actual
notice of a deficiency or receives notice of a deficiency.
(c) On and after July 1, 1998, the rights and remedies of tenant for a
violation of this section by the landlord shall include those available
pursuant to Sections 1942, 1942.4, and 1942.5, an action
for breach of contract, and an action for injunctive relief pursuant to
Section 526 of the Code of Civil Procedure. Additionally, in
an unlawful detainer action, after a default in the payment of rent, a
tenant may raise the violation of this section as an affirmative defense
and shall have a right to the remedies provided by Section
1174.2 of the Code of Civil Procedure.
(d) A violation of this section shall not broaden, limit, or otherwise
affect the duty of care owed by a landlord pursuant to existing law,
including any duty that may exist pursuant to Section 1714
The delayed applicability of the requirements of subdivision (a) shall
not affect a landlord's duty to maintain the premises in safe condition.
(e) Nothing in this section shall be construed to affect any authority
of any public entity that may otherwise exist to impose any additional
security requirements upon a landlord.
(f) This section shall not apply to any building which has been
designated as historically significant by an appropriate local, state, or
federal governmental jurisdiction.
(g) Subdivisions (a) and (b) shall not apply to any building intended
for human habitation which is managed, directly or indirectly, and
controlled by the Department of Transportation. This exemption shall not
be construed to affect the duty of the Department of Transportation to
maintain the premises of these buildings in a safe condition or abrogate
any express or implied statement or promise of the Department of
Transportation to provide secure premises. Additionally, this exemption
shall not apply to residential dwellings acquired prior to July 1, 1997,
by the Department of Transportation to complete construction of state
highway routes 710 and 238 and related interchanges.
§ 1942.4 Civ.
(a) A landlord of a dwelling may not demand rent, collect rent, issue a
notice of a rent increase, or issue a three-day notice to pay rent or
quit pursuant to subdivision (2) of Section 1161 of the Code
of Civil Procedure, if all of the following conditions exist prior to the
landlord's demand or notice:
(1) The dwelling substantially lacks any of the affirmative standard
characteristics listed in Section 1941.1 or violates Section
17920.10 of the Health and Safety Code, or is deemed
and declared substandard as set forth in Section
17920.3 of the Health and Safety Code because
conditions listed in that section exist to an extent that endangers the
life, limb, health, property, safety, or welfare of the public or the
occupants of the dwelling.
(2) A public officer or employee who is responsible for the enforcement
of any housing law, after inspecting the premises, has notified the
landlord or the landlord's agent in writing of his or her obligations to
abate the nuisance or repair the substandard conditions.
(3) The conditions have existed and have not been abated 35 days beyond
the date of service of the notice specified in paragraph (2) and the
delay is without good cause. For purposes of this subdivision, service
shall be complete at the time of deposit in the United States mail.
(4) The conditions were not caused by an act or omission of the tenant
or lessee in violation of Section 1929 or 1941.2.
(b)(1) A landlord who violates this section is liable to the tenant or
lessee for the actual damages sustained by the tenant or lessee and
special damages of not less than one hundred dollars ($100) and not more
than five thousand dollars ($5,000).
(2) The prevailing party shall be entitled to recovery of reasonable
attorney's fees and costs of the suit in an amount fixed by the court.
(c) Any court that awards damages under this section may also order the
landlord to abate any nuisance at the rental dwelling and to repair any
substandard conditions of the rental dwelling, as defined in Section
1941.1, which significantly or materially affect the health or safety of
the occupants of the rental dwelling and are uncorrected. If the court
orders repairs or corrections, or both, the court's jurisdiction
continues over the matter for the purpose of ensuring compliance.
(d) The tenant or lessee shall be under no obligation to undertake any
other remedy prior to exercising his or her rights under this section.
(e) Any action under this section may be maintained in small claims
court if the claim does not exceed the jurisdictional limit of that
court.
(f) The remedy provided by this section may be utilized in addition to
any other remedy provided by this chapter, the rental agreement, lease,
or other applicable statutory or common law. Nothing in this section
shall require any landlord to comply with this section if he or she
pursues his or her rights pursuant to Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code.
§ 1951.7 Civ.
(a) As used in this section, "advance payment" means moneys paid to the
lessor of real property as prepayment of rent, or as a deposit to secure
faithful performance of the terms of the lease, or any other payment
which is the substantial equivalent of either of these. A payment that is
not in excess of the amount of one month's rent is not an advance payment
for the purposes of this section.
(b) The notice provided by subdivision (c) is required to be given
only if:
(1) The lessee has made an advance payment;
(2) The lease is terminated pursuant to Section 1951.2; and
(3) The lessee has made a request, in writing, to the lessor that
he be given notice under subdivison (c).
(c) Upon the initial reletting of the property, the lessor shall send a
written notice to the lessee stating that the property has been relet,
the name and address of the new lessee, and the length of the new lease
and the amount of the rent. The notice shall be delivered to the lessee
personally, or be sent by regular mail to the lessee at the address shown
on the request, not later than 30 days after the new lessee takes
possession of the property. No notice is required if the amount of the
rent due and unpaid at the time of termination exceeds the amount of the
advance payment.