During these uncertain times, your home is meant to be your safe haven. So what if you’re unfortunately asking yourself, how to sue my landlord for unsafe living conditions?
Read more on how to properly approach this problem.
Introduction
In the state of California, landlords and tenants are expected to work together in an effort to keep rental units safe and habitable at all times. While the tenant does need to keep the unit clean and avoid behaviors that might lead to negligent damage, it is the landlord who is responsible for regular maintenance and general repairs.
Most landlords do uphold their duty of care at all times. Yet, there are still far too many who seem to ignore this duty of care, leaving tenants to struggle with unsafe living conditions that put them at risk for serious harm.
If this is a situation you’re faced with right now, you have rights. This may include the right to sue if your case meets certain requirements.
Should You Sue?
Not every tenant-landlord disagreement is a good reason to sue. Issues that fall under the realm of “annoying, but not necessarily unsafe,” are often better dealt with between both parties outside of the courts. While you may still technically have the option to sue, doing so could end up being a waste of your time and money.
A small amount of peeling paint on the outside of a front step, for example, might be annoying – but it probably doesn’t make the unit “uninhabitable.” On the other hand, if unresolved mold severely triggers your asthma, and you require months off of work, you can probably sue for compensation over lost wages, medical bills, or even pain and suffering. Injuries that stem from poorly kept properties also qualify, here.
Suing may also be the wrong choice if the amount you are suing for is less than the cost associated with suing. It makes no sense to sue a landlord for $50 if it costs you $100 just to sue them – you’re only losing more money in the process.
Lastly, you should only consider a lawsuit after giving your landlord an opportunity to correct the problem. Document the problem and gather evidence first. Then, use this template to draw up a written request for repair and send it to your landlord.
Include a reasonable timeline for repairs. Up to two weeks is acceptable for issues that qualify as more of a nuisance than a true risk for harm. If the issue is more serious (e.g., an actively leaking hot water heater or newly discovered bedbugs), outline your concerns and ask for an immediate resolution instead.
Exhausting Alternatives
There are certain actions you should take before you head to court. For example, the civil court will typically ask you to exhaust other measures for resolution before filing your lawsuit. Explore the suitability of these alternatives before moving on.
- Fixing the problem yourself: California is a “repair and deduct” What this means is that you can repair issues that cause uninhabitability on your own dime and then deduct the cost from your next rental payment. However, you must be able to not only prove the issue was serious enough to need an immediate resolution, but also that you actually paid for the repairs. Take plenty of pictures and keep all receipts if you choose this option.
- Breaking your lease early: A landlord’s duty of care is to maintain the premises in a fit or habitable condition over time. If your unit becomes unlivable in a way that puts your health and safety at risk, and they refuse to correct the problem, you can break your lease early and move. If the problem is extreme, you may not even be required to give the landlord advance notice.
- Calling in inspectors: In the case of severe uninhabitability or widespread problems (including insect infestations or mold), you can report the landlord to local authorities. This includes the Department of Building and Safety as well as the Department of Public Health. Inspectors will come to the property and attempt to identify hazardous or unsafe conditions. If the landlord fails an inspection, they will receive a citation and/or be forced to fix the issue within as little as 24 hours.
- Trying mediation: Mediation can be an excellent alternative to court, especially in the presence of “grey area” issues that landlords and tenants cannot agree on. Both you and your landlord will sit down with a neutral third party who can help you reach a compromise or find a solution. This can be a useful option when you want to be compensated for harms caused by uninhabitability (e.g., damaged property from water leaks or flooding).
If You’re Ready to Sue
You’ve exhausted all other options, and your landlord still hasn’t responded. Whether they’re actively ignoring you or they truly believe you don’t have a case, you aren’t getting anywhere – and that means it’s time to consider filing a lawsuit.
Gather Evidence
Begin by gathering as much evidence as you can. Take pictures, record video, and make copies of any communication between you and your landlord. Save receipts and/or invoices for repairs you are forced to handle yourself – they may help you demonstrate a pattern of negligence over time. Signed estimates from third party professionals (e.g., a plumber) can also benefit you, especially if your landlord argued against their expert advice or refused to follow their suggestions.
Hire a Lawyer
Before you file your lawsuit, you should have at least one consultation with a tenancy lawyer who can help you review the details of your case. This is true even when filing in the Small Claims Court, which disallows legal representation. An attorney can help you decide how to present the evidence, how to argue the facts, and what kind of arguments you might anticipate, which may help you secure a win.
File Your Lawsuit
Take your folder of evidence and head to the nearest County Clerk’s office. Let the clerk know that you wish to file a civil suit against your landlord. He or she will ask you a few basic questions about your case, including what you are suing for and how much compensation you intend to seek. This helps to ensure they provide you with the right forms and/or schedule you into the correct level of court.
Fill out all forms to the best of your ability. If you feel more comfortable, you can bring them home and have your lawyer help you with this step – you don’t have to submit them right away. When it is time to file, return the forms to the County Clerk’s office. You will be asked to pay a small filing fee; you can ask the courts to award you additional compensation for this amount if you win.
Conclusion
Don’t allow yourself to live in poor conditions, especially during these stay-at-home orders. Do your research properly and seek assistance from a legal referral service in order to tackle this issue correctly.
