If a rental property in California fails to meet legally required health and safety standards, tenants can report their landlord to local officials. They can choose to follow up, inspect the property and cite the landlord for such violations.
There also can’t be any other issue substantially impacting health or safety. [8] [9] [10]
In most situations, a tenant in California must notify the landlord about the issue and ask him to fix it within 30 days. [11]
Tenants in California should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on the municipality.
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then, the officer usually inspects the property and cites the landlord for any code violations.
A tenant in Los Angeles can report a health or safety violation depending on the type of residence and issue:
A tenant in San Diego can report a health or safety violation by calling the Code Enforcement Division at (619) 236-5500 or using the provided online form. Select “Bldg Code Enf” under “Investigation Type,” then enter location information, describe the violation, enter personal information, and submit.
A tenant in San Jose can report a health or safety violation by calling the Department of Planning, Building, and Code Enforcement at (408) 535-3500 or using the provided online form. Enter the address, select a list item, or use the “Additional Information” box, then enter personal information, review, and submit.
After a tenant files a complaint about unsafe living conditions in California, an officer may inspect the property and cite the landlord for code violations. If the issue isn’t fixed (usually within 10-30 days, depending on the jurisdiction), the officer might condemn the property or fine the landlord.
“Any building or portion thereof including any dwelling unit … in which there exists any of the following listed conditions … is declared to be a substandard building:
“Inadequate sanitation [which] shall include, but not be limited to, the following: …Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. …improper kitchen sink. …Lack of hot and cold running water to plumbing fixtures. …Lack of adequate heating. …Lack of, or improper operation of required ventilating equipment. …Lack of required electrical lighting. …Dampness of habitable rooms. …Infestation of insects, vermin, or rodents as determined by a health officer or … code enforcement officer… Visible mold growth, as determined by a health officer or a code enforcement officer … excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. …General dilapidation or improper maintenance. …Lack of connection to required sewage disposal system. …Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or … code enforcement officer… ”
“[A building is substandard if it has exposed] wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
“[A building is substandard if it has exposed] plumbing, except plumbing … currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.”
“[A building is substandard if it has] Faulty weather protection, which shall include, but not be limited to, the following: …Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors… [or] Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. …
“[A building is substandard if it has] an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. …
“[A building is substandard if it] is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.”
“If a tenant notifies the landlord of, or the landlord otherwise becomes aware of, a leak, a drip, a water fixture that does not shut off property [sic], including, but not limited to, a toilet, a problem with a water-saving device, or other problem with the water system that causes constant or abnormally high water usage, or a submeter reading indicates constant or abnormal high water usage, the landlord shall have the condition investigated, and, if warranted, rectify the condition.”
“…the landlord … shall … (1) Install and maintain an operable dead bolt lock on each main swinging entry door of a dwelling unit. … (2) Install and maintain operable window security or locking devices for [ground and second-floor] windows that are designed to be opened. … (3) Install locking mechanisms that comply with applicable fire and safety codes on the exterior doors that provide ingress or egress to common areas with access to dwelling units in multifamily developments.”
“An owner of a dwelling unit intended for human occupancy shall install a carbon monoxide device … in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage.”
“Smoke alarms shall be installed… 1. In each sleeping room. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms. 3. On each additional story of the dwelling… 4. …not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower…”
“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, except such as are mentioned in section nineteen hundred and twenty-nine [i.e., deterioration or injury to property occasioned by want of ordinary care].”
“A constructive eviction occurs when the acts or omissions to act of a landlord, or any disturbance or interference with the tenant’s possession by the landlord, renders the premises, or a substantial portion thereof, unfit for the purposes for which they were leased, or has the effect of depriving the tenant for a substantial period of time of the beneficial enjoyment or use of the premises.”
“Under the implied warranty which we recognize, a residential landlord covenants that premises he leases for living quarters will be maintained in a habitable state for the duration of the lease. This implied warranty of habitability does not require that a landlord ensure that leased premises are in perfect, aesthetically pleasing condition, but it does mean that “bare living requirements” must be maintained. In most cases substantial compliance with those applicable building and housing code standards which materially affect health and safety will suffice to meet the landlord’s obligations.”
While California law doesn’t globally establish a timeline for repairs, the availability of the repair-and-deduct remedy after 30 days (and ability to cancel the rental agreement with 30 days’ notice upon breach of lease) is generally held to establish a default window within which the landlord can “reasonably” attempt repairs.
