San Francisco Habitability Lawyer
In San Francisco and throughout California, tenants have a legal right to live in a residence that is safe and habitable. To ensure the rights of tenants are not violated, property managers and landlords must meet specific requirements to make sure their properties are habitable. These requirements fall under an area of law known as implied warranty of habitability. If you believe your rights as a tenant have been violated, it is imperative to speak to a lawyer right away. Our experienced attorney can help with serious injuries caused by toxic mold, childhood lead poisoning, carbon monoxide poisoning, and bed bug infestations. Below, our San Francisco habitability lawyer explains your rights further and the legal remedies you have if they have been violated.What Are the Habitability Laws in California?
Both the Health and Safety Code and the California Civil Code outline specific guidelines regarding the conditions that constitute habitability. A few of these guidelines provide that tenants have a right to the following:
- Absence of toxins such as lead, mold, and asbestos
- Absence of vermin such as mice, rats, bed bugs, and cockroaches
- Carbon monoxide preventative measures, such as carbon monoxide detectors in all units
When a rental unit is uninhabitable, it is not only very inconvenient for tenants, but it can also result in serious injuries. Some of the most serious of these include:
- Lead poisoning: Lead poisoning particularly impacts children and can result in development delays, lower IQs, and more.
- Asbestos: Lung cancer, mesothelioma, and asbestosis are just a few of the very serious lung conditions that can result after being exposed to asbestos.
- Toxic mold exposure: Exposure to toxic mold can result in liver damage, brain damage, severe asthma, and a weakened immune system.
- Slip and falls: Slip and falls from faulty conditions, such as inadequate flooring, malfunctioning doors, and others, can cause serious injuries such as traumatic brain injuries, head injuries, and more.
- Carbon monoxide poisoning: In the best of cases, carbon monoxide poisoning can result in nausea, headaches, shortness of breath, and confusion. In the worst of cases, this type of poisoning can result in a coma and even death.
Any time a property manager or landlord does not meet these conditions, they must make the necessary repairs to correct them. If they fail to do so, they have breached the implied warranty of habitability. In these cases, it is important to speak to a habitability lawyer in San Francisco who can help you take the necessary legal action to make things right.Legal Remedies for Breach of Implied Warranty of Habitability
The law in San Francisco and throughout the state is clear regarding the options tenants have when their rights have been violated. These include:
- Send a written request: You should send your landlord a written request for repairs that includes a deadline for completion. To provide proof of delivery, it is recommended that you send this request via certified mail.
- Withhold rent: If your landlord does not make the necessary repairs within a reasonable amount of time after sending them the written request, you may be able to withhold your rent until the repairs have been completed.
- Make the repairs yourself: If your landlord refuses to make the repairs on their own, you may be able to make the repairs yourself. You may also be able to deduct the cost of making those repairs from your rent.
- File a complaint: You may be able to file a complaint with the local housing authority if your landlord does not make the necessary repairs.
- Vacate the premises: If your rental unit is uninhabitable, you may be able to terminate your rental agreement and move out without facing any penalties.
- File a lawsuit: If you have suffered injuries or other losses due to the uninhabitable condition, you may be able to file a lawsuit in court to recover compensation for any harm you suffered.
Before taking any of the above actions, it is critical to speak to a habitability attorney in San Francisco. A lawyer can advise you of your rights and make sure you are not in violation of the law so you do not hurt your case.Understanding Habitability Lawsuits
Habitability lawsuits involve tenants filing a lawsuit against their landlord due to the premises having pest or vermin infestations, a lack of safety measures such as carbon monoxide detectors, toxic mold, lead, or other conditions that make the rental unit unlivable and, therefore, uninhabitable.
Habitability lawsuits are unique due to the fact that they deal with possible damages related to the living situation along with potential statutory or punitive damages, as well as attorney fees. If you feel as though you have a habitability lawsuit, being proactive is imperative so the matter is handled in a proper and timely manner. Your landlord does not have any choice but to fix conditions that make a property inhabitable, even if they do not want to or cannot afford to. It is the law, and you have rights. A San Francisco habitability attorney can help you exercise them.How Can a San Francisco Habitability Lawyer Help?
You are not required to have legal representation when filing a habitability lawsuit, but it is always recommended that you work with an attorney. A lawyer can help in a number of ways, including:
- Greater chance of receiving a favorable outcome
- Better chance of maximizing the compensation you receive
- Reduce the stress, time, and effort involved in filing a lawsuit, and
- Representation during negotiations with your landlord or in court
Gregory Brod of Brod Law Firm is a habitability lawyer who handles many landlord-tenant issues. He has successfully helped many clients who have dealt with habitability issues such as toxic mold, childhood lead poisoning, carbon monoxide poisoning, bed bug infestations, and more. Attorney Brod has the necessary expertise to help you with your habitability issues, as well and will ensure you receive the full and fair compensation that is rightfully yours.Call Our Habitability Lawyer in San Francisco for a Free Case Review
If your living conditions are no longer inhabitable and your landlord refuses to take the appropriate action, our San Francisco habitability lawyer at Brod Law Firm can help you make things right. Call us now at (800) 427-7020 or reach out to us online to schedule a free review of your case and to learn more about your legal options.