Habitability Attorney in San Diego

Every residential lease in California carries a warranty that the home is fit to live in. Leaks, mold, pest infestations, broken heat or hot water, unsafe wiring, and other serious defects can violate that warranty and the Civil Code, and local housing codes add their own standards.

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For Tenants

When a landlord ignores repair requests, tenants may be entitled to reduced rent for the period the unit was defective, damages for harm to health and property, and in some cases statutory penalties and attorney’s fees. Habitability is also a defense in a nonpayment eviction case. Keep written repair requests, photos, and any code inspection reports.

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California law also protects tenants from retaliation for asking for repairs or calling a code inspector.

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For Landlords

A landlord who responds to repair demands promptly and documents the response is in a far stronger position. Germani Law helps landlords respond to repair demands and code notices and defends habitability claims when they are filed.