Implied Warranty of Habitability
Tenants in California expect and should have access to rental housing that is maintained in a safe and sanitary manner. When landlords or property managers fail to adequately provide such conditions, they should be held responsible for any injuries that occur as a result. A Los Angeles tenant’s rights lawyer at The Nourmand Law Firm will work tirelessly to ensure that victims who have been hurt by the carelessness of property owners are thoroughly compensated by responsible parties. Our firm represents tenants who have been harmed due to an owner, landlord, or property manager’s failure to provide a habitable environment for residents. If you believe that your landlord has breached the implied warranty of habitability, you should contact our firm to determine the rights that you have and take action to assert them.The Implied Warranty of Habitability Under California Law
Landlords and their representatives are legally obligated to provide livable conditions for inhabitants in their rental properties. This means that these entities and individuals are tasked with providing and maintaining basic features that conform to acceptable standards. This obligation is known as the implied warranty of habitability. Property owners and managers are not allowed to create limitations on this duty pursuant to a lease or any other type of agreement.
Under California law, landlords are required to provide tenants with the following:
- Working electrical lighting, including outlets and wiring in each room;
- Working heat, plumbing, and gas amenities;
- Effective waterproofing and weather protection for roofs, walls, windows, and doors; and
- Proper maintenance of floors, stairs, and railings.
A failure to provide the basic needs of tenants may lead to significant injuries, including prolonged illnesses or even death, depending on the circumstances. If a property owner or operator breaches the implied warranty of habitability, a tenant may pursue legal action to receive compensation for the personal injuries and property damage and/or attorney fees when incurred. To prevail in this type of claim, a tenant must show that an uninhabitable condition existed and that the landlord had actual or constructive knowledge of it. The tenant must also prove damages. Constructive knowledge exists when a landlord would have known of the dangerous condition if it had engaged in a reasonable inspection.
When a victim brings a personal injury claim, a breach of the implied warranty of habitability may be used as evidence of negligence. For instance, if a pipe bursts and there is water damage and the landlord or management company fails to timely and properly fix the damage, mold can grow that may be hazardous to tenant’s health and property, as a result, the landlord or management company may be held responsible for medical expenses, lost income and earning capacity, pain and suffering, and other damages.
In California, tenants filing a breach of implied warranty of habitability claim based on an oral lease must do so within two years. The statute of limitations is four years for a written lease.Discuss Your Breach of the Implied Covenant of Habitability Case with a Los Angeles Lawyer Skilled in Tenant’s Rights Disputes
If you or a loved one has sustained an injury due to a landlord or property manager’s failure to provide adequate housing, the injury lawyers at The Nourmand Law Firm can assist you in seeking the compensation that you deserve. Our firm offers experienced and dedicated representation for victims throughout Los Angeles, Orange, Riverside, San Bernardino, and San Diego Counties, including in Beverly Hills, Van Nuys, Santa Ana, Newport Beach, Palm Springs, Riverside, San Bernardino, San Diego, San Fernando Valley, Antelope Valley, and Los Angeles. Contact us online or call us at (800) 700-9243 to set up a free consultation with a Los Angeles tenant’s rights attorney.