Los Angeles California Letter from Tenant to Landlord containing Notice that premises in uninhabitable in violation of law and demand immediate repair

State:
California
County:
Los Angeles
Control #:
CA-1002LT
Format:
Word; 
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Description

This form is used by a tenant to notify the landlord that the leased premises are untenantable and uninhabitable. Through this form, the tenant makes a demand for repair of the premises. If repairs are not made by the landlord, the tenant may have the right to terminate the lease or abate rent.

Title: Los Angeles, California — Letter from Tenant to Landlord: Notice of Uninhabitable Premises and Demand for Immediate Repairs Keywords: Los Angeles, California, letter, tenant, landlord, notice, premises, uninhabitable, violation of law, demand, immediate repair Dear [Landlord's Name], I hope this letter finds you well. I am writing to bring to your attention the current state of the premises at [Insert Property Address], which, unfortunately, is in an uninhabitable condition and is in violation of various laws and regulations pertaining to tenant rights and property maintenance. I kindly request your immediate attention to rectify these issues. Furthermore, I have diligently inspected the property and have discovered several substantial problems that seriously hamper livability, posing hazards and compromising my safety and well-being. Here is a detailed description of the premises' uninhabitable condition, in violation of the law: 1. Structural Integrity: The building showcases significant structural issues, including cracks on the interior and exterior walls, unstable foundation, and sagging ceilings. These violations directly infringe upon provisions set by the California Building Code. 2. Plumbing and Water Supply: The plumbing system is severely defective, leading to a lack of clean and running water in both the kitchen and bathroom. This persistent issue infringes upon the Health and Safety Code of California, making the premises unfit for habitation. 3. Electrical Hazards: The property presents numerous electrical problems, such as faulty wiring, exposed wires, and malfunctioning switches and outlets. These conditions violate the Electric Code of California, posing a significant risk of fire and electric shock. 4. Pest Infestations: The premises are infested with termites and rodents, which pose health risks as well as cause damage to personal belongings. This condition violates the California Civil Code, requiring landlords to maintain their properties in a habitable and pest-free state. Given the severity of these violations, I demand that immediate repairs be carried out to restore the premises to a habitable condition. I kindly request that you engage qualified professionals to tackle the repairs promptly. Additionally, please provide a detailed plan of action outlining the steps and timeline for the necessary repairs to commence and be completed. It is my hope that these repairs will be done within a reasonable timeframe to ensure my safety and well-being, as well as abide by the laws and regulations governing tenant-landlord relationships in Los Angeles, California. Please consider this notice as my legal action in accordance with the applicable laws and regulations governing tenant rights. Failure to address these issues promptly may necessitate further action on my part, including seeking legal remedies. I kindly request your acknowledgement of this letter within [insert reasonable timeline] and a subsequent update regarding the repairs and maintenance plans. I can be reached at [insert phone number] or [insert email address] to discuss this matter further. Thank you for your prompt attention to this serious matter. I look forward to your immediate actions to restore the property to a habitable condition and ensure my rights as a tenant are upheld. Sincerely, [Your Name] [Your Address] [City, State, ZIP code] [Date]

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FAQ

In California a landlord is required to provide a safe living environment for the tenants and the law has been established under the California Civil Code. The failure of a landlord to provide such conditions can lead to violation of the law and impose civil and, at times, even criminal liability upon the landlord.

Defining Habitability FEMA defines a habitable home as one that is safe, sanitary, functional and presents no disaster-caused hazards to the occupants. Under this definition, a house may have hurricane damage but still be occupied while repairs are underway.

Any time you write a letter or email to your landlord, keep your language clear and concise to eliminate any potential for confusion. Include relevant details such as the date of writing, the dates of any instances referenced within the letter, and your contact information and unit number.

Your landlord must make urgent repairs, like those just mentioned, quickly. Non-urgent defects that do not put your health and safety at risk should be made within 30 days.

Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.

Here are some examples of uninhabitable living situations for tenants: Any situation that could directly affect the health or safety of a tenant. Persistent mold issues due to a leak in the bathroom or kitchen. The use of toxic products such as lead paint or asbestos.

Can A Tenant Stop Paying Their Rent? The simple answer is no. Once a tenant has signed a contract, they must continue to pay the rent in accordance with the terms to which they agreed.

Tenants cannot be evicted for making a complaint against the landlord or for anything discriminatory. Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.

Conclusion. In most cases, landlords are not responsible for paying the tenant hotel room unless the lease agreement says so. If the landlord is guilty of negligence and the rented property has become uninhabitable for this reason, he may be legally penalized due to breach of contract.

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Having a written record is the best way to assert your rights and protect yourself against landlord retaliation. These DO NOT substitute for legal advice!In actuality, California law is unresolved on this issue, and many landlords do retain the full amount of holding deposits that they receive. Find out when and how to pay less rent in California when your landlord fails to fix major problems in your rental unit. 06-Mar-2019 — Tenants are entitled to exclusive possession of the premises they rent. 02-Jun-2019 — What to look for in an apartment inspection. 11-Aug-2021 — Uninhabitable Conditions. Yes, if the lease is longer than 12 months. Are there limits on late fees? If Tenant doesn't pay the reduced rent, the court will give judgment and possession back to the landlord. Lose.

If you don't have a repair order or are getting repairs late, it is illegal to withhold the repair money from the tenant. Lose. No amount deducted from the rent can be returned to the tenant if the landlord has an eviction or court matter pending in court. You can do damage control if the landlord files an eviction. If the landlord files against a roommate in court, the landlord does not get the rent they owe the tenant. They have to wait until the tenant is in victory condition before they can withhold your rent. If that tenant wins, the landlord loses. You can get a “stay of evictions” to help wait for the eviction to happen. There are rules for getting the stay of eviction under California law; but, the law generally gives you a few months to save the unit. Your stay will be extended if the eviction continues or gets more severe. Your stay will not get extended if you move. There is no limit to the amount of rent that a tenant can deduct to keep the unit from being rented.

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Los Angeles California Letter from Tenant to Landlord containing Notice that premises in uninhabitable in violation of law and demand immediate repair