Tobener Ravenscroft

Repairs Articles

Forcing Your Landlord to Repair

What are a landlord’s responsibilities regarding repairs? A landlord must make a rental unit habitable both prior to and during a lease. The landlord is legally required to make all necessary repairs to ensure habitability throughout a tenancy. The case of Green v. Superior Court held that all residential rental agreements contain an implied warranty of habitability, which means regardless of what your lease says, your landlord has a duty to ensure the unit is livable, safe, and not in… Read More »

Landlord Caused Injuries

When can a landlord be held liable for a tenant’s personal injury? A tenant can recover for personal injuries caused by a landlord’s or property manager’s negligent care of property. To prove a claim for negligence, a tenant must show that (1) the landlord owed a duty to maintain the property; (2) the landlord negligently cared for the property; and (3) the landlord’s negligence caused the tenant’s personal injury. A landlord has a duty to maintain his property in a… Read More »

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.… Read More »

Mobilehome Repairs

California Mobilehome Homeowners Repair Rights Owners of mobile homes live in a unique situation. First, they own their home while renting someone else’s land. Second, they often make a greater financial investment in their home and lot than the park owner makes in the park. Still, park owners greatly influence mobilehome owners’ living conditions. This is why mobilehome owners need to fully understand the protections that California law provides. The primary source of those legal protections is the California Mobilehome… Read More »

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… Read More »

Security Deposits

Statute on Refunds Security deposit issues are governed by state law.  Under Civil Code section 1950.5, a landlord may collect up to two month’s rent for deposits on unfurnished apartments and three months for furnished apartments.  There is no such thing as a non-refundable security deposit.  Any money paid over the amount of the first month’s rent is refundable. Normal Wear and Tear If you owe back rent or you have damaged your apartment beyond “normal wear and tear,” your… Read More »

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… Read More »

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… Read More »

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