Landlord Tenant
Protect Your Rights in Landlord-Tenant Disputes
We are here to help! Call the Law Office of Scott David Thomas for your FREE Consultation Today!
At the Law Office of Scott David Thomas, we understand the complexities of landlord-tenant law and are here to help. We handle a wide range of issues, including:
Are You A Tenant:
Facing eviction?
Who has been treated unfairly?
That has experienced Habitability issues during your tenancy that your Landlord failed to repair in a reasonable time after you gave them notice of the defect?
Experiencing a Landlord interfering with your use and enjoyment of the rental unit?
Experiencing a nuisance created by the Landlord or another tenant?
That who has been injured due to a hazardous condition in a common area or in the rental unit?
Who has suffered due to your Landlords negligence?
Who is frustrated with how you are being treated by your Landlord?
Are You A Landlord:
Wishing to reclaim your rental unit from a non-paying tenant
The Law Office of Scott David Thomas is here to help Call for your FREE Consultation today!
At the Law Office of Scott David Thomas, we understand the complexities of landlord-tenant law and are here to help. We handle a wide range of issues, including:
✔ Evictions Defense
✔ Unlawful Detainers
✔ Rental Unit Habitability Issues
✔ Nuisance Claims
✔ Breach of Quiet Enjoyment
✔ Health and Safety Code Violations
✔ Lease Violations
✔ Premise Liability
✔ Negligence
✔ And More
No matter which side of the dispute you’re on, you don’t have to navigate it alone. Call today for a FREE Consultation and get the experienced legal guidance you need.
Breach of Implied Warranty of Habitability
To prevail in a claim against a landlord for breach of the implied warranty of habitability the tenant must show; (1) The existence of a Landlord-Tenant Relationship; (2) Failure of the landlord to meet habitability standards under California Civil Code §§1941 and 1941.1; (3) The Landlord had knowledge or notice of the defect; (4) Failure of the landlord to repair within a reasonable time under California Civil Code §1942; and (5) The defect or condition significantly affects the tenant’s health, safety, or ability to use the property for its intended purpose. When these elements are met the tenant may be entitled to various remedies, such as, “repair and deduct”, rent withholding, or potentially bringing a claim for damages or constructive eviction.
Failure to Meet Habitability Standards
California Civil Code §1941.1 sets out minimum habitability requirements, including adequate plumbing, hot and cold running water, safe electrical and heating systems, proper sanitation, weatherproofing, and other basic health and safety standards. A breach occurs when one or more of these essential conditions are not met, rendering the premise unfit for ordinary living. Under California law a habitable dwelling includes proper plumbing and functioning kitchen facilities. See Cal Civ Code §1941.1 outlines minimum habitability standards, includes adequate plumbing and kitchen facilities needed for safe and sanitary food preparation. California Civil Code §§1941 and 1941.1 collectively establish that the landlord must provide a habitable dwelling, which includes maintaining essential facilities.
Failure to Repair Within a Reasonable Time
Under California law, Cal. Civ. Code §1942, after receiving notice, the landlord must have had a reasonable opportunity to fix the issue but failed to do so. “Reasonable time” depends on the nature and severity of the condition. The more urgent and health-affecting the defect, the sooner it should be addressed. Generally, in California a “reasonable time” for a landlord to complete repairs is usually about 30 days but less if the health and safety of the tenant is significantly impacted such as an indoor sewage leak.
Material Impact on Tenant’s Use and Enjoyment
Whether a defect is “substantial” is determined on a case-by-case basis. See Hall v. Mun.Ct. (McGaskey) (1974) 10 C3d 641, 644. Generally, this element requires the defect or condition must significantly affect the tenant’s health, safety, or ability to use the property for its intended purpose. Minor cosmetic issues generally do not rise to the level of habitability breaches. Leaky faucets and deteriorated plumbing and inoperable appliances may be considered substantial defects. See McNairy v. C.K. Realty (2007) 150 Cal.App. 4th 1500, 1503-1504.
Damages for This Cause of Action
In a Breach of the Implied Warranty of Habitability cause of action, a Tenant may seek retroactive rent abatement. Under this theory tenants may seek damages for a past and present breach of warranty of habitability, even if the tenant has vacated the premises at the time of suit. See Quevedo v. Barga (1977) 72 C.alApp.3d Supp. 1, 7-8, 140 CR 143. 146-147; See also Erlach v. Sierra Asset Servicing, LLC (2014) 226 Cal.App.4th 1281, 1297. The damages awarded are for a refund in rent, to the extent the rent paid exceeded the reasonable value of the tenant’s unit in its uninhabitable condition. See Erlach v. Sierra Asset Servicing, LLC (2014) 226 Cal.App. 1281, 1297; See also Quevedo v. Barga (1977) 72 Cal.App.3d Supp. 1, 8, 140 CR 143,147.
Nuisance
Nuisance is codified in Cal. Civ. Code §3479. “A nuisance is an interference with the interest in. the private use and enjoyment of the land and does not require interference with the possession.” See McBride v. Smith (2018) 18 Cal.App.5th 1160, 1178. An action for private nuisance is codified under Cal. Civ. Code §3479 and the abatement remedies for private nuisance are codified under Cal. Civ. Code §3501. See Stoiber v. Honeychuck, 101 Cal.App.3d at 919-921; Birke v. Oakwood Worldwide (2009) 169 Cal.App.4th 1540, 1548-1551; County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 305.
To prevail in a claim against a landlord for nuisance under Cal. Civ. Code §3479 the tenant must prove the following elements; (1) That the tenant lawfully owned/leased/occupied/controlled the property; (2) That the landlord, by acting or failing to act, created a condition or permitted a condition to exist that was, harmful to health, and/or was indecent or offensive to the senses, and/or was an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, and/or was a fire hazard/other potentially dangerous condition to the tenants property; (3) That the Landlord’s conduct in acting or failing to act was intentional and unreasonable/unintentional, but negligent or reckless, which the landlord created or permitted to exist; (4) This condition substantially interfered with the tenant’s use or enjoyment of their land; (5) That an ordinary person would reasonably be annoyed or disturbed by the landlord’s conduct; (6) That the Tenant did not consent to the Landlord’s conduct; (7) That the Tenant was harmed; (8) That the Landlord’s conduct was a substantial factor in causing the Tenant’s harm; and (9) That the seriousness of the harm outweighs the public benefit of the Landlord’s conduct.
Negligence
A Tenant injured by a defect in the premises (uninhabitable condition) may bring a negligence action if the landlord breached its duty to exercise reasonable care to repair promptly any conditions (of which the landlord had actual or constructive notice) that arise during the tenancy and render the dwelling uninhabitable. Peterson v. Sup.Ct. (Banque Paribas) (1995) 10 Cal.4th 1185, 1205-1206. See Erlach v. Sierra Asset Servicing, LLC (2014) 226 Cal.App.4th 1281,1299 (tenant stated viable negligence cause of action for violation of duty to maintain habitable conditions, observing that California Evidence Code §669 which codifies common law doctrine of Negligence “Per Se”, may be used in establishing duties and standards of care in negligence action based on violation of duty to maintain habitable conditions).
The Tenant claims that they were harmed by the Landlord’s negligence. To establish this claim the Tenant must prove all of the following; (1) that the Landlord was negligent; (2) That the Tenant was harmed; and (3) That the Landlord’s negligence was a substantial factor in causing the Tenant’s harm.
To prove a Landlord was negligent a Tenant must show; (1) That the Landlord owed a duty of care to the Tenant; (2) That the Landlord breached that duty; (3) The Landlord’s breach of that duty was the actual and proximate cause of the harm suffered by the Tenant; and (4) The tenant must show damages.
Landlord had a Duty of Care
This element may be imposed by law, be assumed by the Landlord, or exist by virtue of a special relationship. Doe v. United States Youth Soccer Assn., Inc. (2017) 8 Cal.App.5th 1118, 1128.
This element may be established through statutes such as, Cal. Civ. Code §1714 (general duty of care owed) in conjunction with Cal. Civ. Code §1927 (Covenant of quiet use and enjoyment), Cal. Civ. Code §1941 (warranty of habitability), Cal. Civ. Code §1942 (Landlord must make or finish repairs in a reasonable time), or Cal. Civ. Code §3479 (landlord cannot create a nuisance which interferes with use or enjoyment of property).
Damages
A tenant must prove Damages in a negligence claim. Damages include additional meal and food preparation costs, Loss of use of the property, and in some situations the court will also allow non-economic damages such as pain and suffering or emotional distress, as well as other non-economic damages.
Constructive Eviction - Breach of the Covenant Quiet Use and Enjoyment
A Constructive Eviction occurs where intolerable conditions render the premises so unfit or so interfere with beneficial enjoyment of the unit that the tenant is forced to vacate. However, if the Tenant did not vacate due to the condition, they make see rent abatement for the time the condition existed. Recoverable Damages include whatever amounts are necessary to compensate the tenant for detriment proximately caused by the “eviction” or likely to result therefrom generally the value of the tenant’s unexpired term or the rent for the time the tenant remained in possession and the condition existed as well as consequential damages for mental anguish, pain and physical injury. Punitive damages are also awardable. Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903, 925-926.
A claim for constructive eviction – Breach of the Covenant of Quiet Use and Enjoyment requires a showing of the following: (1) existence of a landlord-tenant relationship; (2) The covenant of quiet enjoyment is either in the lease or implied by law (in California it is codified and therefore implied by law. See Cal. Civ. Code §1927); (3) Substantial interference with use and enjoyment; (4) Attributable to the Landlord; and (5) Damages or Harm to the Tenant.
A Landlord and management companies have the duty to preserve the quiet enjoyment of all Tenants. Davis v. Gomez (1989) 207 Cal.App.3d 1401, 1404. A substantial interference is required to establish breach of quiet enjoyment. An interference by the landlord “by which the tenant is deprived of the beneficial enjoyment of the premises amounts to a constructive eviction. Kulawitz v. Pacific Paper Co. (1944) 25 Cal.2d 664, 670.
Landlord Representation in Unlawful Detainers
Protecting Your Rights as a Property Owner
As a landlord in California, you have a right to regain possession of your property when tenants violate the terms of their lease or fail to pay rent. Unlawful detainer actions, commonly known as evictions, are a legal tool to remove tenants who refuse to leave voluntarily. I’m here to help guide you through this process efficiently and within the bounds of California law.
When Can You File an Unlawful Detainer?
You may be able to initiate an unlawful detainer action in scenarios such as:
Nonpayment of Rent: The tenant has failed to pay rent, and the grace period (if any) has passed.
Lease Violations: The tenant has breached the terms of the lease agreement, such as subletting without permission or engaging in illegal activities.
Holding Over: The tenant remains on the property after the lease term has expired without your permission.
Nuisance or Damage: The tenant causes significant damage to the property or creates a nuisance, disturbing other tenants or neighbors.
The Eviction Process in California
The eviction process must strictly follow California’s complex laws to ensure compliance and avoid costly delays:
Serve Proper Notice: The first step is providing the tenant with a written notice, such as:
3-Day Notice to Pay Rent or Quit
3-Day Notice to Perform Covenant or Quit
30/60-Day Notice to Terminate Tenancy (depending on tenancy duration and circumstances)
File the Complaint: If the tenant does not comply with the notice, a legal complaint is filed with the court.
Respond to Defenses: Tenants may file a response, often raising defenses like improper notice or habitability issues. I’ll prepare for and address these defenses effectively.
Trial: If the case goes to trial, I’ll represent your interests in court, presenting a strong case for your right to regain possession.
Writ of Possession: Once a judgment is obtained, I’ll assist in securing a writ of possession, allowing law enforcement to remove the tenant if necessary.
Potential Recovery for Landlords
In an unlawful detainer case, you may recover:
Past-Due Rent: Any unpaid rent the tenant owes during their occupancy.
Damages: Compensation for property damage or other financial losses resulting from the tenant’s actions.
Court Costs and Attorney’s Fees: If your lease agreement includes an attorney’s fee provision and the court awards them.
Possession of Your Property: Regaining full legal possession of your rental unit.
Why Choose Me as Your Landlord Attorney?
Unlawful detainers are time-sensitive and technical, requiring careful attention to detail. As a California attorney experienced in landlord-tenant law, I am committed to providing:
Speed and Efficiency: Minimizing delays to help you regain control of your property quickly.
Proactive Solutions: Identifying potential issues early to reduce the risk of tenant defenses succeeding.
Personalized Service: Tailored strategies to fit your specific needs, whether for a single property or a portfolio of rentals.
Schedule Your Consultation Today
If you are a tenant or a landlord and are in need of legal support to enforce your rights under California law, I’m here to help. Contact Scott David Thomas Law today to schedule a consultation and take the first step toward protecting your rights and investment.