HOW CAN I GET MY LANDLORD TO REPAIR MY APARTMENT?

Transcription

1 HOW CAN I GET MY LANDLORD TO REPAIR MY APARTMENT?

2 CALIFORNIA HABITABILITY LAW While California law does not require your landlord to maintain your apartment in perfect condition, under California law, all tenants are entitled to live in houses or apartments that are safe and sanitary. This means no substantial problems with: damp/leaking ceiling/walls holes in walls/floor/carpet falling plaster/peeling paint lack of/inadequate heat missing/broken windows lack of/inadequate hot water missing/broken smoke detectors rats/roaches/insects inadequate trash collection unsafe stairs/railings inadequate security/locks defective electrical wiring The landlords must fix the above serious problems in the houses or apartments they rent and keep the rental units habitable. HOW DO I GET REPAIRS? 1 MAIL a short letter (see page 7) to the landlord, describing the problem. Date it, sign it and keep a copy. It is best to use certified mail, receipt requested, so you have proof that you sent the letter. You should give your landlord 30 days to repair, once s/he has been notified, unless it is an emergency repair. 2 TAKE PICTURES of the problems/problem areas in case you need them for evidence later. 3 IF YOU LIVE IN THE CITY OF LOS ANGELES, SAN PEDRO WILMINGTON, OR HARBOR CITY: Call the Systemic Code Enforcement Outreach Program (SCEP) at (866) , and Call the Los Angeles Health Department at (888) IF YOU LIVE IN THE CITY OF LONG BEACH: Call the Long Beach Department of Health and Human Services at (562) , and the Long Beach Building and Planning Department at (562) IF YOU LIVE OUTSIDE THE CITY OF LOS ANGELES, CALL THE APPROPRIATE HEALTH DEPARTMENT: Greater East L.A. area (562) Compton (310) Long Beach (562) Huntington Park (562) Inglewood/South LA (310) Torrance/South Bay (310) Culver City/Westchester (310) IF YOUR CITY ISN T LISTED CALL: (626) /08 2

3 5. SECTION 8 TENANTS: If you get Section 8 housing assistance, CALL your worker, report the problem and ask for an inspection. WHAT DO I DO IF MY LANDLORD STILL WON T REPAIR MY APARTMENT? The three common remedies in California that tenants may use to force their landlord to repair their apartment or home are: 1) Small Claims Lawsuit 2) Repair and Deduct 3) Rent Withholding!IMPORTANT! Before or while using these remedies one should file complaints with the appropriate government agency, see above. CITY OF LOS ANGELES/SAN PEDRO/WILMINGTON/HARBOR CITY RESIDENTS: If you live in the CITY of Los Angeles, your FIRST STEP should be to call the Systemic Code Enforcement outreach Program (SCEP (866) ), see above. This program has been very successful in getting units repaired. 1. SMALL CLAIMS LAW SUIT You can make the repairs yourself and sue your landlord in small claims court 1 for the costs of the repairs: 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. In order to use this remedy, you must: 1) Give your landlord notice in advance of the conditions that you 1 The maximum you can sue for in California Small Claims Court is $7,500. 8/08 3

4 want repaired (See Page 7) (a) Keep a copy of the notice 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 BY REGULAR MAIL. 2) You must give your landlord reasonable time to do the repairs himself or herself (a)"reasonable time" usually means one month, but it depends upon what needs repair 3) Make the repairs, save the receipts, and sue your landlord in small claims for the costs of the repairs. (a) You will use the receipts as evidence of the costs. (b) Take pictures of the conditions before and after the repairs.!remember! If you use this method keep paying rent on time. 2. REPAIR AND DEDUCT LAWS California has a law which allows you to repair certain conditions yourself (or have someone else do them) and deduct the cost from your rent. 2 This law has some strict requirements, and in order to use it, you must: 1) Give your landlord notice in advance of the conditions that you want repaired (See Page 8) (a) A notice you can use is attached, called "Notice of Intent to Repair and Deduct". (b) Keep a copy of the notice for your records. (c) Give the notice personally to the landlord and/or manager and mail it certified with return receipt requested. DO NOT SEND THE NOTICE BY REGULAR MAIL. 2) You must give your landlord reasonable time to do the repairs himself or herself (a) "reasonable time" usually means one month, but it depends upon what it is that needs repair (and whether it is an emergency or not); 3) Make the repairs, take pictures, and save the receipts. (a) Take pictures of the conditions before and after the repairs 2 California Civil Code Section /08 4

5 (b) Use the receipts as evidence.!remember! YOU CAN ONLY SPEND UP TO ONE MONTHS' RENT TWICE PER YEAR IF YOU REPAIR AND DEDUCT. If you can get your apartment repaired using repair and deduct, do so first. Repair and deduct is useful for smaller things, like repairing screens, unplugging drains, repairing electrical outlets, purchasing trash cans, etc,. But, if something larger is wrong with your apartment, like a leaky roof, then repair and deduct probably won't amount to enough money to get the problem repaired. Then you may have to use another strategy. 3. RENT WITHHOLDING!WARNING! Rent withholding should be used as a last resort because your landlord will probably try to evict you. You should talk to a lawyer before withholding rent. This method is more often successful if you can get all the tenants in your building to work together. The California Supreme Court says: you have the legal right to withhold your rent if you have informed your landlord about serious defective conditions (see page 1) and your landlord hasn't done the repairs. 3 If the condition would cost more money to repair than legally allowed if you "repair and deduct", then you may want to consider using the rent withholding remedy. How do I withhold Rent? (1) Give your landlord notice in advance of the conditions that you want repaired (See Page 9) (a) A notice you can use is attached, called "Notice of Intent to Withhold Rent" (b) Keep a copy of the notice for your records. (c) Give the notice personally to the landlord and/or manager and mail it certified with return receipt requested. DO NOT SEND THE NOTICE BY REGULAR MAIL. (2) You must give your landlord reasonable time to do the repairs himself or herself (a) "reasonable time" usually means one month, but it depends upon what needs 3 Green v.superior Court, 10 C3d 616, 111 CR 704 (1974) 8/08 5

6 repair. (3) If the condition is not repaired, don t pay him or her rent. (4) Hold on to the money. Do not spend it. You will need to pay it back once the landlord repairs all the problems.!remember!: It is very likely that you will end up in eviction court if you withhold rent. It is difficult to win such cases without an attorney to represent you. ALSO: if you are outside the City of Los Angeles (or if you live in a single family house), you are not covered by rent control and so you can be evicted with a 30 day or 60 day notice without any cause needed. Withholding your rent does not mean you don't have to pay the rent to the landlord. Chances are, when the landlord either takes you to court or does the repairs, you will have to pay the back rent to the landlord. So if you are serious about withholding your rent as a way to force your landlord to repair, 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. EVICTION PAPERS If you receive a summons and complaint it is very important that you respond within 5 days. You can call the Legal Aid Foundation of Los Angeles, and if you are eligible for our services, we may be able to do your answer for free. If you live in the Los Angeles area, CALL , and if you live in the greater Long Beach area (including San Pedro, Wilmington, and Harbor City) CALL for an appointment. LEAD POISONING Lead is a heavy metal that is toxic to the body in any amount, and it most often comes in the form of dust from leaded paint in bad condition. If your house is old, chances are that it might have lead paint. Check for paint chips and holes in the painted walls, windowsills, and doors. Remember that lead dust is very small, hard to see, and easy to get into children's mouths and onto their toys. Lead is a very serious health concern, particularly for children and pregnant women. Lead poisoning causes learning, behavioral, and growth problems as well as organ damage. Poisoned children usually never show symptoms, and the only way to check for poisoning is by having a blood test. For more information on how to reduce lead dust in the home, where to get blood tests, and how to do safe construction work: call (800) LA-4-LEAD or /08 6

7 Date: NOTICE OF HABITABILITY PROBLEMS To: (Name of landlord/manager) (Address) Dear Landlord/Manager: repair: In my rental unit (the address is indicated below), the following checked conditions require damp/leaking ceiling/walls holes in walls/floor/carpet falling plaster/peeling paint lack of/inadequate heat missing/broken windows lack of/inadequate hot water missing/broken smoke detectors rats/roaches/insects inadequate trash collection unsafe stairs/railings inadequate security/locks defective electrical wiring other: All of the conditions listed are dangerous to my family/myself. I have not caused any of these conditions to occur. Please contact me as soon as possible to arrange a repair schedule. Thank you for your anticipated cooperation. Name: Address: 8/08 7

8 NOTICE OF INTENT TO REPAIR AND DEDUCT Date: To: (Name of landlord/manager) (Address) Dear Landlord/Manager: In my rental unit (the address is indicated below), the following conditions require repair: All of the conditions listed are dangerous to myself and my family. I have not caused any of these conditions to occur. If you do not repair the conditions within a reasonable time, I will get the conditions repaired myself and I will deduct the costs of the repairs from my rent as I am allowed to do under California Civil Code Section Thank you. Name: Address: 8/08 8

9 Date: NOTICE OF INTENT TO WITHHOLD RENT MONEY To: (Name of landlord/manager) (Address) Dear Landlord/Manager: In my rental unit (the address is indicated below), the following conditions require repair: All of the conditions listed are dangerous to me and my family and we have not caused the conditions to occur. If you do not repair the conditions within a reasonable time as the California Civil Code requires you to do in Civil Code Sections 1941 and , I will withhold my rent money until repairs are done. Thank you. Name: Address: City: 8/08 9