Tobener Ravenscroft

Habitability Articles

New 2017 Tenant Laws

2017 ushered in a host of state and local laws that affect your legals rights as a tenant: New State Tenant Laws The California legislature enacted several laws protecting tenants, including creating new laws related to bed bugs, regulating condominium pesticide treatment notices and procedures, and augmenting rules pertaining to public accessibility of court records in unlawful detainer proceedings. AB-551 – “Bed Bug Law” (Effective 1/1/17) This law establishes a landlord’s duty to ensure prompt treatment and control of bed bugs. […]

Failure to Repair

How to Get Your Landlord to Make Repairs If a landlord is not responding to multiple written repair requests, the tenant must force the landlord to make repairs. Do not be fearful. The law actually protects a tenant that asserts rights against a landlord. In fact, Cal. Civil Code § 1942.5 creates extra protection for a tenant from eviction for 180 days after a repair request. File a Lawsuit Against Owner Depending on the severity of the repair issues, a […]

Mold

Mold is Serious Mold is a microscopic fungus that grows in almost every damp setting. Improperly maintained dwellings can have toxic mold levels. Mold infestations will flourish in areas with excess moisture, such as leaks, showers with no ventilating fans, wet basements, and air ducts. Because it only takes a day or two for colonies of mold to form, it is very hard to predict and track outbreaks. If you can see it or smell it, most likely, there is […]

Asbestos

Asbestos and the Warranty of Habitability Out of the many repair issues that can affect a tenant, one of the most dangerous is asbestos. Asbestos is a common building material found in older dwellings. It is found in ceilings, paint, insulation and a large number of other common products. When asbestos is airborne or friable, it is microscopic in size and not visible to the naked eye. Even brief exposure to asbestos can cause cancers that usually do not show […]

Fires, Floods & Disasters

Landlord Negligence and Right to Return – Fire, Flood or Disaster If a landlord’s wrongful or negligent act causes a fire, a tenant may recover medical bills, moving costs, rent for a replacement apartment, and loss of property.  See Civil Code § 1714.  A tenant has two years to file a claim for damage or injury caused by fire.  Code of Civil Procedure § 335.1. A tenant must show that the fire was caused by the landlord’s negligence.  This is […]

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