Slumlord Litigation

California Civil Code § 1941 states that "The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof which render it untenantable…."

**Listen here for a KKLA 99.5 radio interview with our attorney, Bob Makley, about a current Habitability case in Palm Springs.

You and other tenants can join together to recover past rent and other damages and force your landlord to make repairs. Pursuant to California Civil Code §1941.1, property cannot substantially lack:

Effective waterproofing and weather protection
Plumbing maintained in good working order
Hot and cold running water
Heat
Electrical lighting
Building and grounds kept clean, sanitary, and free from garbage, rodents and vermin.
Floors, stairways and railings maintained in good repair
Clean garbage receptacles
A locking mailbox

If you have any of the persistent problems listed above, you and other tenants will be able to join and force your landlord to compensate and make repairs and return your rent. Call 1-800-4-IF-HURT for a free consultation.

Frequently asked questions

1. My landlord won't return my security deposit! How do I get my money back?

This is without a doubt the number 1 tenant's rights question asked every day. This is something you can do yourself by filing a lawsuit against your landlord in small claims court. A good legal guide to getting your security deposit back can be found at Avvo.com [put entire citation here to click to link].

2. My landlord won't repair anything! What should I do?

If your landlord will not make the repairs you have requested, you can exercise your right to "repair and deduct." First, you need to put your request in writing, and make sure you save a copy of the letter. If, after 30 days (or less if absolutely necessary), no repairs have been made, you can hire a repairman to fix whatever is wrong and deduct the bill from your rent. The deduction cannot be more than the amount of your rent and you can only do this twice in one year. California Civil Code section 1942 states as follows:

(a) If within a reasonable time after written or oral notice to the landlord or his agent ... of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.
(b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.

3. The repairs that need to be made in my apartment will cost way more than two months' rent. What else can I do?

If the repairs that need to be made are major repairs (e.g., your roof leaks), put your request in writing. If the landlord does not fix the problem promptly, you can:

(a) Withhold the rent. This is very risky. If you withhold the rent, your landlord can serve you with a three-day notice to pay rent or quit, and if you don't, he can try to evict you. You will then have to defend the eviction on the ground that the landlord has breached "the implied warranty of habitability." (The implied warranty of habitability means this: You paid for a place to live. You rightly assumed, for example, that the place you rented would be waterproof, and that it would have electricity, and hot and cold running water, etc., because that is required by law. That is an implied warranty or guarantee.) If you defend the eviction lawsuit successfully, the court can order your landlord to make the repairs. You need an attorney to do this successfully (and it still might not succeed, because there are no guarantees).
(b) Enlist the help of the government. No matter where you are in California, there is probably some agency that can help you force your landlord to make repairs. Call the county Health Department and ask for an inspection. Call the Department of Building and Safety. If your city has a Department of Housing, call that office. Many of these types of agencies are empowered to issue orders to your landlord to make repairs. For example, in Los Angeles, if you are in a rent-controlled dwelling, you can call the Housing Department and ask for a Code Enforcement inspection, and an inspector will come out and find everything that is wrong in your apartment and issue a Notice to Comply to the landlord.
(c) Hire an attorney to force your landlord to make repairs. If your apartment building is extremely run down, you should join with some neighbors to bring a lawsuit together to make the landlord repair the entire building. This is called Slumlord Litigation.

4. The manager of my building let the police into my apartment while I wasn't there! Can he do that?

No. The landlord, manager, or maintenance man of your apartment building, hotel, or dormitory may not let the police into your home, unless the police have a search warrant. The landlord has no right to consent to a warrantless search. See People v. Superior Court, 143 Cal. App. 4th 1183 (2006).

5. I know that my landlord is breaking the law. Can I sue him for that?

The answer is, "It depends." What kind of law is being broken? How does that breaking of the law affect you? For most types of lawsuits you need to be able to prove damages--that you lost something because of the wrong done by your landlord. Before you think about suing, imagine yourself on a jury judging your case and ask yourself how much money you would award. If you would award less than $7,500, consider filing a small claims action. Remember, lawsuits are difficult, stressful and time-consuming.

6. How much do you charge?

Berglund & Johnson does not represent clients in unlawful detainer actions. Associates of Berglund & Johnson usually charge a flat fee for Unlawful Detainer defense, so long as the case is not overly complex and it is venued in Los Angeles County in the Central, South, West, Northeast, or North Valley Districts. Fees do not include costs of suit, such as filing fees, deposition transcripts, expert witness fees and jury fees. The fee may increase for cases farther away from central Los Angeles, such as Long Beach, Pomona, or Lancaster. Fees may increase even more for complex cases and those filed in Orange County, Ventura County and Kern County. If you cannot afford to pay this fee, please contact Eviction Defense Network at (213) 385-8112. Eviction Defense Network has fine attorneys who represent clients in on a sliding scale.

Berglund & Johnson handles slumlord litigation, mold litigation, nuisance cases and fraudulent eviction cases, where the tenant is suing the landlord. The firm usually charges a contingency fee on those types of cases. Note that not all cases will be accepted.

7. My landlord says that he is converting my apartment to condominiums. Am I entitled to relocation assistance?

It depends on where you live. In most of California, the answer is no. But some cities have ordinances that require relocation payments to the tenants, including Los Angeles, San Francisco and Santa Monica. San Diego requires payment of relocation assistance if the tenant is low-income, elderly, or disabled. State law requires that all tenants affected by condominium conversion be offered the right to buy their units on terms comparable or more favorable than those initially offered to the public.

8. My landlord is selling the building I live in. Am I entitled to relocation assistance?

Generally, the answer is no. Your rights are exactly the same as if the landlord didn't sell the property. There is nothing about the owner's contract with a third party that affects your tenancy. In other words, if you are in a rent-controlled property, you can't be evicted or have your rent raised just because of the sale. If you're in a non-rent-controlled property, and on a lease, your lease remains in effect. In other words, the sale does not change anything as far as you're concerned, except you have to make your check out to someone new.