Attorneys Who Know the Law on Poor Housing Conditions
Some apartments and other residential properties are just not fit to live in. Crumbling plaster, leaking windows and roofs, lead based paint, natural gas leaks, carbon monoxide toxic mold, and other poor housing conditions can be hazardous to one's health. Under the implied warranty of habitability, tenants have the right to live in an apartment that is safe and sanitary. Landlords who provide uninhabitable housing conditions should be held accountable for substandard living situations that put their tenants' well being in jeopardy.
Gaining Perspective: Experience Representing Both Landlords and Tenants
At Miller Law, Inc., we represent tenants against landlords, holding them responsible for defective and harmful property conditions. As experienced attorneys, we have previously represented landlords and their insurance companies in these very same type of cases. Accordingly, we know how to handle litigation from both perspectives. This helps us develop strong and effective cases. When cases do go to court, we are well prepared to handle them effectively at trial. We know the arguments that the owners/landlords and their insurance companies will make, before they even make them.
Possible Remedies Available to Tenants
If your landlord breaches the implied warranty of habitability by forcing you to live in defective or harmful property conditions, it may be possible to get a rent reimbursement. In some situations, you may be able to make necessary repairs and deduct reasonable repair costs from the rent. A landlord can also be held liable under a negligence cause of action or under a nuisance claim if the conditions in which you are living substantially affect your use of the property or its desirability.
If your apartment has become severely damaged by water leading to toxic mold — so much so that it has become uninhabitable — you may be able to leave the apartment and cancel the lease. In addition, you may be able to recover:
- Personal injury damages from mold exposure
- Moving and relocation expenses
- A refund of some of the rent paid while living in the property
- The cost of cleaning damaged personal property and/or the value of destroyed belongings
Each situation is different. It is a good idea to talk with a lawyer first about poor housing conditions before taking action. Contact Miller Law, Inc. toll free at 888-353-0285 or contact us online. Our office is located in the Sacramento area, and we represent clients throughout California.
