Here are five common types of lawsuits brought by residents against their landlords:
(1) Breach of the Right of Quiet Enjoyment
Every residential lease in California has an implied right of quiet enjoyment in the lease. This implied provision grants the tenant the right to use and enjoy the property without interference from others.
Activities like smoking, loud music, unannounced entries, and other similar disturbances can be considered breaches of the right to quiet enjoyment.
(2) Dangerous Condition in House / Apartment Unit
There are two primary ways to hold your landlord responsible for a dangerous condition in your apartment unit: (1) you prove that they should have known about the condition before they leased you the unit or (2) you prove that they took an unreasonably long time to address the issue after they became aware of it (or reasonably should have become aware of it).
If you have been injured by a dangerous condition in your apartment unit that you think your landlord should have known about before they leased you the unit or if they failed to address the issue within a reasonable time after they became aware of it, you may have a claim.
(3) Breach of Warranty of Habitability:
Like the right of quiet enjoyment, every residential lease in California also contains an implied Warranty of Habitability clause that states that the landlord must make sure a residential unit it leases is habitable for humans. The following are examples of breaches of the warranty of habitability:
- Unclean conditions
- No running water
- No hot water
- No heating
- Vermin or rodents
The statute extends to cover anything else that would deem a residential unit “uninhabitable.”
(4) Dangerous Condition in Common Areas
If you have been injured by a dangerous condition in a common area of an apartment building you may have a claim against the landlord. Landlords have a responsibility to inspect and maintain the common areas of their buildings to keep them free from dangerous conditions.
(5) Bed Bug Bites
If you have suffered from bedbug bites, that is a form of personal injury. If your landlord failed to remediate the problem immediately after you notified them of the bedbug infestation or failed to warn you of prior bedbug infestations in your building, you may have a claim.
If you have been injured due to the negligence of your landlord, we are here to help. Contact Harding Law, APC today for a free case evaluation.