Water & Fire Damage
If you think you may have a tenant’s rights issue involving a breach of habitability due to water damage, fire damage or some other damage that you are living with, please contact us so that we can evaluate your case.
WHAT DO I DO IF MY HOME IS DAMAGED BY WATER OR FIRE?
In the event of significant structural damage caused by, for example, a fire, collapsed ceiling or a major plumbing failure, making the property dangerous or unsuitable for occupancy, the landlord would need to arrange temporary housing for the tenants while the necessary repairs are carried out.
WHAT IF MY LANDLORD WILL NOT FIX ANYTHING?
California law requires that landlords provide renters with a place to live that is safe and secure. Landlords are required to fix any problem with your rental unit that makes it “uninhabitable.” Although there is no strict definition of what makes a place “uninhabitable,” it generally refers to conditions that make the rental unit unsafe or unhealthy. It doesn’t have to make the place unlivable and can be as simple as a missing window screen, torn carpet, defective electrical outlets or peeling paint. It can also be something unhealthy, like cockroaches, bedbugs, rats or mold, or dangerous like missing locks or criminal activity.
UNSAFE LIVING CONDITIONS?
Depending on the severity of the repair issues, a tenant may have claims against a landlord that can be litigated in Superior Court. For major, ongoing violations, such as infestation of bed bugs, cockroaches, no heat, mold, sewage and roof leaks, rodents, holes in walls, security lapses, and electrical and plumbing issues, an attorney may take a case on contingency. When a case is taken on contingency, the client does not pay until money is recovered. Damages in an affirmative lawsuit can include return of rent paid, payment for emotional suffering, and damages for physical harm.
