Getting Repairs Made

Transcription

1 Getting Repairs Made Habitability One term you need to be familiar with is habitability. This is legal shorthand for there are certain minimum health and safety requirements the landlord has to provide in any rental house or apartment. A habitable place does not mean you get the blinds or drapes or carpet of your choice. It does not mean that the air conditioner has to work or there can t be a few chips in the tile. What kinds of repairs must a landlord make? Landlords must provide tenants with a safe and sanitary dwelling. This means landlord must repair conditions which make the unit unlivable, or what is legally termed uninhabitable. This includes some conditions set out in the California Civil Code or specific localbuilding and Safety, Fire, Health and Safety or Housing codes. It i s We can start by l ooking at the l aw. Cali for ni a C ivil Code says: A dw ell ing i n not habitabl e if i t has seri ous conditions. The law does not requi re your landlor d to paint your home ever y year or gi ve you new dr apes or new rugs. But the landlor d must provi de these basi c ser vi ces: (a) Effective water proofing r oof and walls, unbroken w indow s and door s. (b) Plumbing/gas facil ities i nstal led corr ectly and maintai ned i n good w or king order. ( c) Hot and cold running w ater, (d) Heati ng facil ities corr ectly i nstal led and maintai ned i n good w or king order. (e) Electrical li ghting, wi ri ng and electr ical equipment install ed correctly, m aintained in good working order. (f) Bui lding, grounds and com mon areas kept clean, sanitary, and fr ee fr om accumul ations of debri s, garbage, rats, roaches and other i nsects (g) Enough gar bage cans, in clean condi tion and good r epair (h) Floor s, stair ways, and raili ngs m ai ntained in good repair. A shorthand way of looking at it is a home that has the following problems: Da mp /le aking ceil in g/w al ls Mi ssing /b roken sm oke d etector s Ho le (s) i n w al ls/fl oor /carp et In fe sta ti on of ro aches/r ode nts/i nsects/ver mi n Fa ll ing p laste r/p ee lin g pai nt Co mm on ar eas u ncl ea n La ck of/i nad eq uate hea t In ad equ ate tra sh co lle ction La ck of/i nad eq uate hot w ate r Un sa fe stair wa ys/ra ili ng s De fe cti ve /le aking p lum bi ng In ad equ ate securi ty/lo cks Mi ssing /b roken wi nd ows De fe cti ve el ectri ca l/w ir ing 1

2 The local health and safety or other codes may have other requirements. What are my responsibilities as a tenant? The law requires a tenant to pay the rent on time, and take care of the rental unit. This means keeping the place clean, using all appliances and fixtures in a proper manner, and not making significant changes to the structure without the landlord s permission. It also means using the rental unit for the purpose for which it was rented. If you rented the apartment to live in, there are probably zoning restrictions against you using the dwelling for certain kinds of businesses. In any case, regardless of what you do as a tenant, the landlord is required to maintain the rental unit in a habitable condition. What kinds of repairs does the landlord NOT have to make? The landlord does not have to repairs conditions that are caused by the tenant, the tenant s children, or the tenant s guests. The tenant is responsible for what their guests do in that if a tenant has a party, and a guest breaks a window, the tenant is ultimately responsible to repair or pay for the repairs of the window. Where can I report problems with my house/apartment? City of Los Angeles Code Enforcement Department (213) City of Los Angeles Health Department Downtown/Pico (213) South Central (323) Hollywood (323) East Downtown (213) Culver/Inglewood (310) Wilshire District (323) East Los Angeles (323) West Los Angeles (310) Los Angeles Department of Building and Safety (213) Fire Department (213) If you live in the CITY of Los Angeles, call the Housing Code Enforcement free Tenant Hotline at (888) They may help you mediate your dispute with the landlord, or direct you to other agencies that can help you with getting repairs done How do I get my landlord to make repairs? 2

3 Whichever method you choose, you are going to have to prepare and lay the groundwork first. This is the most important work you can do to get the repairs made. 1. Tell the landlord in writing about the problems. See the sample letter in Forms and Attachments 2. Take photographs of the problems. Write on the back of the photo the date you took the photo and the room ( north wall bedroom ) 3. Give the landlord reasonable time to fix the problem. The law says 30 days is reasonable, but emergencies may require less time. Do NOT interfere with the landlord making repairs from 8:30 to 5:00, Monday through Friday. 4. If you live in the CITY of Los Angeles, call the Housing Code Enforcement free Tenant Hotline. The number is (888) Call the Los Angeles Housing Department or Health Department at the numbers listed below and ask for an inspection. Show the inspector all the problems you can think of. Get a CERTIFIED copy of the inspection report. City of Los Angeles Health Department Downtown/Pico (213) South Central (323) Hollywood (323) East Downtown (213) Culver/Inglewood (310) Wilshire District (323) East Los Angeles (323) West Los Angeles (310) OK, so what is my next step? There are several remedies that tenants may use to force their landlord to repair their apartment or home. 1. Call the free Tenant Hotline 2. Systematic Code Enforcement Program (SCEP) 3. Rent Escrow Account Program (REAP) City of Los Angeles 4. Housing Enforcement Program (HEP) City of Los Angeles 5. Repair and Deduct 6. Small Claims lawsuit 7. Rent withholding IMPORTANT! Before or while using these remedies, tenants should seek legal advice and file complaints with code enforcement, the local health department, building and safety, housing and/or fire department. See for those telephone numbers. You also need to do some ground work if you want repairs done. These include taking clear photos of the problems 3

4 (straighten up first), giving the landlord a reasonable time to fix the problems, letting the landlord make repairs, and, if necessary, contacting government inspection agencies. Choosing to repair and deduct, or withhold rent can result in the landlord trying to evict you so you should speak with an attorney before trying these remedies. Call the Tenant Hotline In some areas of the City of Los Angeles, community groups are helping tenants and landlords mediate their problems. The groups also help tenants contact everyone in the building and organize to get repairs made. Call (888) , Monday through Friday from 9:00 to 4:00. SCEP Systematic Code Enforcement Program This program generally applies to all rental property of 2 units or more in the City of Los Angeles. All units are scheduled to be inspected ever 3 years and the landlord has to pay a $12 yearly fee. In addition, a tenant may call in a complaint if there are problems of the type listed at the top of this website section. You need to call The inspectors will identify any problems and issue an order to the owner to correct the problem in 2, 5, 14, or 30 days depending on the problem). If the problem still is not corrected, the General Manager of the program will hold a hearing and may - order a rent reduction, - order the property into REAP (see below), - impose inspection fees, - order the owner to attend management classes, - refer the case to the City Attorney for prosecution - order the owner to pay relocation benefits to displaced tenants, etc. If the General Manager has a hearing and makes an order, the landlord can only evict the tenant for causes listed in the Los Angeles Rent Control ordinance until the landlord has complied AND for 180 days after the compliance date. This is true even if the property is not under rent control. Rent increases are prohibited to all existing tenants for a period of one year after the Housing Department has confirmed that the landlord has complied with the General Manager s orders. 4

5 REAP - The Rent Escrow Account Program HEP Habitability Enforcement Program This program was established to enforce habitability requirements which are under Rent Control. This program allows tenants to file a complaint and the program can reduce rent and order rent to be paid into escrow in a short time than other programs. Under the HEP program, tenants who are subject to Rent Control: 1. Tenant or an enforcement agency files a complaint with the Los Angeles Housing Department. Tenants must prove that they gave the landlord 20-day s written notice to landlord requesting specific repairs. This applies to any violation of California Civil Code File HEP complaint with the Los Angeles Housing Department (LAHD) if repairs are not completed after 20 days. The tenant has to sign a declaration stating that all information in the complaint is true. 3. LAHD will investigate your complaint and will conduct a hearing. 4. If LAHD finds that a habitability violation exists, they will hold a hearing within days. If the Department finds that there is a substantial violation, they can order your landlord to make the necessary and give you a rent reduction until the repairs are completed. 5. The tenant must pay the reduced rent into the HEP escrow account and not to the landlord. If you have other questions about this program, you can call (213) , or (800) or go to the office at 111 N. Hope Street, Los Angeles, CA This program was created to enforce habitability requirements in residential units subject to the Los Angeles Rent Stabilization Ordinance. II Repair and Deduct Under California law, tenants may repair certain serious conditions yourself or have someone else do them, and then deduct the cost from the rent. You cannot use this remedy for cosmetic problems like replacing a dirty carpet, installing mini blinds, or repairing one cracked tile. The problems must be serious and relate to the unit s habitability. This law has strict requirements. In order to use it you must: 1. Give your landlord notice in advance of the conditions you want repaired. 5

6 a. A notice you can use is in this website under Forms and Attachments called Notice of Intent to Repair and Deduct. DATE IT, SIGN IT AND KEEP A COPY FOR YOUR RECORDS. b. Give the notice personally to the landlord and/or manager and mail it certified with return receipt requested. Do NOT send the notice only by regular mail. 2. Give your landlord reasonable time to do the repairs him or herself. Reasonable time usually means one month, but it depends upon what needs repairs. Obviously if you have running sewage in your apartment, the time will be less. 3. Make the repairs and save the receipts of what you spent. If possible, save the old parts. Take pictures of the problem before and after the repairs. 4. Send a demand letter to the landlord asking him to refund you the money or allow you to reduce your rent. (See attached letter.) IMPORTANT! You can only spend up to one month s rent two times per year if you repair and deduct. If you can get your apartment repaired using repair and deduct, do so first. This method is useful for smaller things like repairing windows, unplugging drains, repairing electrical outlets, etc. However, if something larger is wrong with your apartment like a leaky roof which requires expertise then repair and deduct probably will not amount to enough money to get the problem repaired in a safe and workmanlike manner. In that case, you may have to use another strategy. Remember that this method cannot be used to repair conditions that you caused. Also, you always leave yourself open to the landlord serving a 3-day notice to pay rent or quit, so follow all the steps above to protect your tenancy. III Small Claims Lawsuit You can make repairs yourself and sue your landlord in small claims court for the costs of the repairs. Or you can sue the landlord in small claims court for the reduced rental value of your apartment. This means that if the apartment rents for, say, $500 per month, but it has rats, roaches, holes in the walls, no heat and a leaky roof, the place is probably only worth $250 or $300 per month. You will need to prove your case, and need to show evidence to the court. You might want to use this method if: You are concerned that your landlord will attempt to evict you for nonpayment of rent if you repair and deduct or withhold rent and You don t want to fight an eviction and You have sufficient money to both pay your rent and make the repair, you can elect to make the repairs yourself and sue your landlord in small claims court for the costs of the repair. 6

7 In order to use this remedy you must: Give your landlord notice in advance of the conditions you want repaired. Keep a copy of the notice for your records. Give the notice personally to the landlord and/or manager. Mail it certified with return requested AND send a copy by regular mail.. Be specific about the problem and what kind of repair is needed, if you know. Give the landlord reasonable time to do the repairs him/herself. Get estimates of the cost to repair. Write a demand letter to the landlord. Get a building department, health department or housing department to do an inspection of the conditions. Get a certified copy of the report. Discuss the suit with an attorney or investigator for the Department of Consumer Affairs. Sue your landlord in small claims for the costs of repairs and/or reduced rental value of your apartment. REMEMBER if you use this method, keep paying your full rent on time. IV RENT WITHHOLDING WARNING!!! THIS SHOULD BE USED AS A LAST RECOURSE BECAUSE YOUR LANDLORD WILL PROBABLY TRY TO EVICT YOU AND YOU NEED TO PREPARE YOUR CASE WELL IN ORDER TO WIN. YOU SHOULD CONSIDER TALKING TO A LAWYER FIRST. The California Supreme Court says you have the legal right to withhold your rent if: You have informed your landlord about SERIOUS defective conditions and Your landlord has not done the repairs. Serious defective conditions include significant plumbing problems, electrical problems, holes in walls, leaky walls or ceilings, rats, roaches, other insects, etc. See the Statutes and Ordinances part of this website, particularly California Civil Code which lists the requirements of a habitable house or apartments. You have not interfered with the landlord s attempts to make the repairs. How Do I Withhold Rent? 1. Give your landlord notice in advance of the conditions that you want repaired. A notice you can use is in the Forms and Attachments section, called Notice of Intent to Withhold Rent. Keep a copy of the notice for your records. Give the notice personally to the landlord and/or manager and mail it certified with return receipt requested AND by regular mail 7

8 2. Give the landlord a reasonable time and opportunity to do the repairs him/herself. Reasonable time usually means one month, but it depends upon what needs repair. 3. Call the appropriate governmental agency (see attached list) and get them to inspect your unit and get a CERTIFIED copy of their report. Get the inspection done before you withhold rent. You will need the report for your trial. 4. Take clear pictures of the defective conditions. Straighten up your home first, if necessary. 5. If the defective conditions are not repaired, do not pay the landlord the rent. 6. HOLD ONTO THE RENT MONEY. DO NOT SPEND IT. Remember, withholding your rent does not mean you do not owe the rent to your landlord. You, as a tenant, will probably have to pay the landlord some or all of the rent after the landlord makes the repairs. The court will probably reduce the amount of rent you need to pay, but you will not know how much until you go to trial. If you are serious about withholding rent, save the money in a special bank account or buy money orders payable to your landlord every month and keep them until the repairs are completed. If you are buying money orders, make sure to get them from a place that puts the date stamp on the money order. That way you can prove that you had the money at the time the rent was due. If you buy the money order from a store that does not print the date on the form, ask the cashier or owner to fill in the date and put his/her initials next to the date. What ha ppens if I win my ca se. D o I hav e t o pay t he re nt? If you ar e a bl e to con vi nce the ju dge a t you r tri al th at th e l an dlo rd kn ew ab ou t th e defective con di tio ns an d wou ld no t rep ai r the m, an d th athe co ndi ti ons w ere da ng ero us to your h eal th an d safety, yo u sho uld w in yo ur ca se an d kee p po ssessio n o f you r hom e. Ho we ver, tha t doe s NOT m ean you do n t h ave to pa y the b ack r ent. In fa ct, the ju dge w ill d eci de ho w much you D O h ave to pay co nside ri ng th e con ditio n o f the a par tm ent. Mo st te na nts g et ar oun d 20% o f the re nt re du ced ; tha t mea ns yo u wil l sti ll ha ve to p ay 80 %, or wh ateve r the j udg e decid es, o f o ur ba ck re nt to the la ndl or d. Th e jud ge ha s the a uth or ity to o rd er th e l an dlo rd to m ake r epa ir s to the ap ar tme nt, r ed uce the mo nth ly re nt un ti l a ll re pa irs a re ma de, a nd to re ta in ju ri sdi ction o f the ca se un ti l a ll re pa irs a re ma de. If yo u w in, you wi ll ha ve 5 da ys to p ay th e r ed uce d ren t to th e l an dlo rd. If you d o n ot pa y on or be fo re th e ti me se t by th e j ud ge, then the la ndl or d a utoma ti cal ly wi ns wi th out e ven h avi ng to g o to cou rt ag ai n. Save your r ent m one y, so you wi ll ha ve it at tria l. WHAT AR E SOME WAY S TO PR OVE D EFECTIVE C OND ITION S? 1. Ph otos: Thi s sho ws th e j ud ge th e con ditio ns yo u h ave b ee n l iving i n. Wh en yo u ta ke th e pho to s, ma ke su re yo u g et a cl ear shot o f w ha t i s wro ng, b ut th at ever yth in g e lse i s cle an an d nea t. Yo u nee d to sh ow th e j ud ge th at yo u a re a go od te na nt an d tha t b ad ho useke ep ing i s n ot th e cau se of the pr obl em s. 8

9 2. Offi cia l recor ds: If th e Hea lth D ep artme nt, Buil di ng an d Safety, Hou si ng De pa rtm en t o r Secti on 8 inspe cte d you r uni t, th er e i s an officia l r ecord o f the in sp ectio n. Ca ll th e Age ncy a nd ask for a certified cop y of th e r ep ort. Ask ho w to ge t i t If the re por t is no t cer tifie d, it ca nn ot be used as e vid en ce in co ur t. It o nl y costs a few d oll ar s to get a ce rtifi ed co py of the re cor d. 3. Wi tn esses: Wi tne sses ma y i nclud e you rself, nei gh bor s and frie nd s, so lo ng as th ey ha ve pe rsona ll y o bserved th e con di tio ns yo u are comp la ini ng ab ou t. Yo u al so ne ed to b e p re par ed to e xpl ai n to the cour t HOW the de fects affe cte d you r li fe. How Can I Pr ov e t he La ndlor d Kne w about the Problem? Ho pe ful ly, you wr ote a l etter to the la ndl or d, se nt it by r egu la r a nd ce rtifi ed ma il an d kep t a cop y. This i s you r p ro of. You can te sti fy th at yo u tol d the m ana ge r or the la ndl or d o f the d efe ctive cond ition. If some on e w as wi th yo u on an occa sio n whe n you comp la ine d, ha ve th at pe rson te sti fy as a wi tn ess to you r co mp lai nt. If you ha ve an y cop ies o f l etter s wri tten by yo u to yo ur la ndl or d com pla in ing ab ou t con ditio ns, that i s you r e vi den ce. Yo ur go ver nm ental ag en cy in spe ction re po rt is al so evid ence of no tice to yo ur la ndl or d sin ce th e i nspecti on ag ency al wa ys se nds a co py of the in spe ction r epo rt to the ow ner. Or ga nizing Your C as e f or Tr ia l Wh ether you su e you r l an dlo rd in smal l cla im s cou rt, o r a re de fe ndi ng an evictio n actio n, yo u n ee d to pre pa re yo ur ca se. Ever yo ne wh o testifie s i n cou rt is n ervou s, so be gi n m aking a li st no w so yo u w il l n ot fo rg et to te ll th e jud ge so me thi ng. Th e l ist m ig ht lo ok li ke th is: PR OBLEM LL KNEW When LL knew Repaired Leaky cei ling I told hi m 6/20/99 No Cockroaches Show ed LL when he Every month No Pi cked up the rent Hole in w all 5/30/99 5/30/99 l etter Partial 9