San Jose California Letter from Landlord to Tenant for Failure to use electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities in a reasonable manner

State:
California
City:
San Jose
Control #:
CA-1045LT
Format:
Word; 
Rich Text
Instant download

Description

This form is a cease or evict notice from Landlord to Tenant for Tenant's failure to abide by the terms of the lease and use electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the required manner. Should Tenant continue to misuse such appliances then Tenant will be evicted.

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FAQ

This includes keeping the property clean, safe and habitable. The landlord must adhere to all building codes, perform necessary repairs, maintain common areas, keep all vital services, such as plumbing, electricity, and heat, in good working order, must provide proper trash receptacles and must supply running water.

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.

The bill impacts apartments and multi-family buildings containing two or more units, but exempts single-family residences, owner-occupied duplexes, and condominiums, except when owned by corporations or LLC in which at least one member is a corporation.

The Tenant Protection Act of 2019 protects a majority of California's renters against outrageous rent increases and unfair evictions. However, not everyone is eligible for these protections. Use our tool to learn about your new rights and determine if you're covered by this new law.

Landlord's responsibilities The landlord is legally responsible for ensuring that tenants have hot water and adequate sanitation at all times. This includes boiler repairs but also making sure that the plumbing delivering hot water to the kitchen, toilets and bathrooms is in good working order.

Units are exempt if they are restricted to be affordable for low- or moderate-income residents. A single family home is exempt unless it's owned by a real estate investment trust (REIT), a corporation, or an LLC where one of the members is a corporation.

If your California landlord does not provide adequate heat or hot water regularly or fails to get rid of an insect infestation or rodent infestation, for example, then the implied warranty of habitability has been breached.

State law protects tenants from ?no cause? evictions until July 1, 2021 by extending the eviction protections in AB 1482. Your city or county may also have passed stronger protections than state law for other types of evictions or even for tenants who can't pay rent.

Tenants in California have certain protections under state law and local laws in some cities and counties and should check with their city or county about eviction protections.

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.

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San Jose California Letter from Landlord to Tenant for Failure to use electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities in a reasonable manner