Is the landlord liable for anything we do not have renter insurance on?
Full Question:
we just had a major leak that flooded with 1in of water in the master bedroom and bath and other 2 rooms and part of the hall we have to remove all of our furniture in all 3 rooms and dining room and we can not stay in the house they are going to check for mold and tear the walls out up to 2 feet tear all the linoelum floor tile out because abestos the floor is really old Are the landlords liable for anything we do not have renter insurance on?
10/05/2007 |
Category: Landlord Ten... ยป Repairs |
State: California |
#9729
Answer:
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.
§ 1941.2 Civ.
(a) No duty on the part of the landlord to repair a dilapidation shall
arise under Section 1941 or 1942 if the tenant is in
substantial violation of any of the following affirmative obligations,
provided the tenant's violation contributes substantially to the existence
of the dilapidation or interferes substantially with the landlord's
obligation under Section 1941 to effect the necessary repairs:
(1) To keep that part of the premises which he occupies and uses
clean and sanitary as the condition of the premises permits.
(2) To dispose from his dwelling unit of all rubbish, garbage and
other waste, in a clean and sanitary manner.
(3) To properly use and operate all electrical, gas and plumbing
fixtures and keep them as clean and sanitary as their condition permits.
(4) Not to permit any person on the premises, with his permission, to
willfully or wantonly destroy, deface, damage, impair or remove any part
of the structure or dwelling unit or the facilities, equipment, or
appurtenances thereto, nor himself do any such thing.
(5) To occupy the premises as his abode, utilizing portions thereof for
living, sleeping, cooking or dining purposes only which were respectively
designed or intended to be used for such occupancies.
(b) Paragraphs (1) and (2) of subdivision (a) shall not apply if
the landlord has expressly agreed in writing to perform the act or
acts mentioned therein.
§ 1942 Civ.
(a) If within a reasonable time after written or oral notice to the
landlord or his agent, as defined in subdivision (a) of Section 1962,
of dilapidations rendering the premises untenantable which the landlord
ought to repair, the landlord neglects to do so, the tenant may repair
the same himself where the cost of such repairs does not require an
expenditure more than one month's rent of the premises and deduct the
expenses of such repairs from the rent when due, or the tenant may vacate
the premises, in which case the tenant shall be discharged from further
payment of rent, or performance of other conditions as of the date of
vacating the premises. This remedy shall not be available to the tenant
more than twice in any 12-month period.
(b) For the purposes of this section, if a tenant acts to repair and
deduct after the 30th day following notice, he is presumed to have acted
after a reasonable time. The presumption established by this subdivision
is a rebuttable presumption affecting the burden of producing evidence
and shall not be construed to prevent a tenant from repairing and
deducting after a shorter notice if all the circumstances require shorter
notice.
(c) The tenant's remedy under subdivision (a) shall not be available if
the condition was caused by the violation of Section 1929 or
1941.2
(d) The remedy provided by this section is in addition to any other
remedy provided by this chapter, the rental agreement, or other
applicable statutory or common law.
§ 1942.1 Civ.
Any agreement by a lessee of a dwelling waiving or modifying his rights
under Section 1941 or 1942 shall be void as contrary to public
policy with respect to any condition which renders the premises
untenantable, except that the lessor and the lessee may agree that the
lessee shall undertake to improve, repair or maintain all or stipulated
portions of the dwelling as part of the consideration for rental.
The lessor and lessee may, if an agreement is in writing, set forth the
provisions of Sections 1941 to 1942.1, inclusive, and provide that any
controversy relating to a condition of the premises claimed to make them
untenantable may by application of either party be submitted to
arbitration, pursuant to the provisions of Title 9 (commencing with
Section 1280), Part 3 of the Code of Civil
Procedure, and that the costs of such arbitration shall be apportioned
by the arbitrator between the parties.
§ 1942.3 Civ.
(a) In any unlawful detainer action by the landlord to
recover possession from a tenant, a rebuttable presumption
affecting the burden of producing evidence that the landlord
has breached the habitability requirements in Section 1941
is created if all of the following conditions exist:
(1) The dwelling substantially lacks any of the
affirmative standard characteristics listed in
Section 1941.1, is deemed and declared substandard pursuant
to Section 17920.3 of the Health and Safety Code, or
contains lead hazards as defined in Section 17920.10 of the
Health and Safety Code.
(2) A public officer or employee who is responsible for
the enforcement of any housing law has notified the
landlord, or an agent of the landlord, in a written notice
issued after inspection of the premises which informs the
landlord of his or her obligation to abate the nuisance or
repair the substandard or unsafe conditions identified under
the authority described in paragraph (1).
(3) The conditions have existed and have not been abated
60 days beyond the date of issuance of the notice specified
in paragraph (2) and the delay is without good cause,
(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) The presumption specified in subdivision (a) does not
arise unless all of the conditions set forth therein are
proven, but failure to so establish the presumption shall
not otherwise affect the right of the tenant to raise and
pursue any defense based on the landlord's breach of the
implied warranty of habitability.
(c) The presumption provided in this section shall apply
only to rental agreements or leases entered into or renewed
on or after January 1, 1986.
§ 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.
