NEW YEARS RESOLUTION
I will address habitability issues early on and require that repair requests be made in writing

The implied warranty of habitability in California lease agreements is a legal doctrine that ensures rental properties meet basic living and safety standards. This warranty is automatically included in every residential lease, regardless of whether it's explicitly mentioned in the lease agreement.

Under the implied warranty of habitability, landlords in California are required to maintain their rental properties in a condition fit for human occupancy.

1. Adequate waterproofing and weather protection - including unbroken windows and doors.

2. Plumbing facilities in good working order, connected to a sewage disposal system.

3. A water supply that meets health standards and is able to produce hot and cold running water.

4. Heating facilities in good working order.

5. Electrical lighting, wiring, and equipment in good working order.

6. Clean and sanitary buildings, grounds, and appurtenances (like a garden or a garage), free from debris, filth, rubbish, garbage, rodents, and vermin.

7. Adequate trash receptacles in good repair.

8. Floors, stairways, and railings in good repair.

One of the most stressful conversations we’ve had with clients is when we commence an eviction action and the tenant or their attorney claims that there is a broken sink, light switches are not working, they are seeing their breath because the heat is not working, mice have moved in, mold is growing, and a laundry list of other complaints.

So, a favorite gambit of tenant attorneys is to argue that there are habitability issues that need to be corrected before the landlord is entitled to the rent. Bornstein Law wants you to be proactive in responding to grievances, whether reasonable or not. If the request is unreasonable, acknowledge the complaint in writing and state the reason why a repair is not made. Above all else, we want to have a paper trail and demonstrate that the landlord has been responsive.

This can be especially frustrating for housing providers who are owed many months of rent payments, but the law makes no distinction between paying and nonpaying tenants. The unit must be in liveable condition, period.

If there is an ironclad clause in the lease that states request repairs must be made in writing - be it a letter, phone call, email, or text - the tenant is hard-pressed to argue that the landlord did not address habitability issues because landlords cannot fix a problem they are unaware of.

It’s worth noting that with a vested interest in their property, landlords will want to ascertain the condition of the unit. For a host of reasons, some tenants are hellbent on refusing access but typically, when Bornstein Law gets involved, we can get our clients access. If not, we can prove that the access was obstructed and this is universally a just cause reason for eviction.

Requiring that repair requests be made in writing is not a get-out-of-jail card or a panacea. Owners cannot ignore oral requests.