Getting Landlord to Clean Up His Act

A San Fernando Valley man complains that his new landlord has turned off some of the lighting in the hallway leading to his apartment.

A Venice woman wants her apartment owner to fix the screens on the windows to keep out the mosquitoes.

Other tenants complain that their housing is simply not in livable condition.

What obligation does a landlord have to keep his rental units in good working order? And what can a tenant, especially an elderly person unwilling to move, do to force the landlord to fulfill his obligations?

Historically, a landlord did not have a duty to keep his premises habitable. It was the tenant’s obligation to keep the leased property in good repair. But many states have thrown out that traditional doctrine. In California, in 1974, the state Supreme Court ruled that a lease included an unstated but “implied warranty” that the living quarters leased be maintained in a “habitable state” during the lease.

This does not mean, the court said, that housing must be in a “perfect, aesthetically pleasing condition, but it does mean that bare living requirements must be maintained.” In most cases, the court added, compliance with building and housing code standards will be enough.

Here are some practical tips for the renter.

First, as always, try to work with the landlord. Call him and tell him about the problem. Make a note to yourself, so you can later testify if necessary as to what was said and when the conversation took place. If he doesn’t listen, or a reasonable period of time passes and the landlord has not done anything, try sending him a certified letter.

The letter should point out the problem, what needs to be repaired and why. If possible, include pictures of the faulty plumbing or the broken light fixture. (Keep copies of the letter and pictures in case you need them for court later.)

Remind the landlord in the letter that under recent California court decisions, he may be held liable if his failure to keep the place in good repair causes someone personal or property damage--for example, if the inadequate lighting or broken locks help encourage a burglar to break in.

Call the local authorities. The inadequacies may violate state or local housing codes. If an exit is not well lit, it may violate fire department regulations. Local agencies will usually send out inspectors to see if the building is up to snuff.

State housing law requires certain minimum standards for heat, light, ventilation and plumbing. To check the law yourself, look up Section 17920.3 of the state Health and Safety Code. Violation of the housing code is a misdemeanor punishable by six months in jail and a $1,000 fine.

There are three other alternatives you might consider, but all three have serious risks. You should consult a lawyer before you try any of them.

First, you might sue the landlord for damages--the difference between the rent you pay and what you should “reasonably” pay for a place in its present lousy condition. In 1977, for the first time, a California Court of Appeal approved this type of lawsuit. But the landlord may countersue you.

Second, you may be able to withhold rent if the condition of the property violates “material” provisions of the housing code and the landlord knows about the defect and does not fix it. A minor code violation is insufficient to allow you to use this remedy.

One of the dangers here is that the landlord will initiate eviction proceedings, so it is crucial you consult a lawyer.

“There are serious risks of eviction that can be avoided with the proper preparation and notice,” explains Terry B. Friedman, the director of Bet Tzedek Legal Services in Los Angeles, which specializes in landlord-tenant problems.

Finally, state law allows you to fix certain defects and deduct what it costs to do it. However, this remedy is only available in certain specific instances, which are listed in Civil Code Section 1941.1. You are required to take other specific steps, such as written notice to the landlord, also required by law. Again, that’s why consultation with an experienced tenants lawyer is a must.

Many local bar associations operate referral services. For example, the Pasadena bar association will provide you with a 30-minute consultation with an attorney for $20. (The money pays for the service; the attorney takes no fee.) Call (818) 795-5641. Ask for a landlord-tenant specialist, who should be able to determine in 30 minutes whether you have much of a case. He or she may advise you to sue in small claims court, or be able to explain exactly what you must do to comply with the state law when you make the repairs yourself. If numerous tenants have the same problem, you may want to consider filing a class action suit.

Bet Tzedek Legal Services offers free legal services--with special emphasis on landlord-tenant problems--for needy, low-income individuals. Call (213) 658-8930 to see if you qualify.

If you do not want to spend any money on a lawyer, there are a few good books on the subject that you should read. The “California Tenants Handbook,” published by Nolo Press, has an excellent, step-by-step discussion of the steps you should take when withholding rent. It even includes some sample form letters.

Another excellent book, although more technical than the Nolo Press book, is the “California Eviction Defense Manual” by Moskovitz, Honigsberg and Finkelstein.