Habitability Issues

Warranty of Habitability – Building Code

The San Francisco habitability attorneys at Bradshaw & Associates, P.C. are experienced with advising and representing both landlords and tenants on building and health code issues in rental properties. Our attorneys filed a class action lawsuit for tenants damaged by silica dust exposure caused by careless construction and repair practices. We also filed the first ever RICO lawsuit against one of San Francisco’s largest landlords that the landlord settled quickly. We’re just as interested in helping landlords. An experienced habitability issues attorney can help landlords find affordable ways to keep their properties safe and avoid liability. For further information and a free consultation about our experience with habitability issues and your immediate problem, contact Bradshaw & Associates, P.C. in San Francisco’s Financial District.

The California warranty of habitability provides that every lease for the rental of residential property implies an obligation on the landlord’s part to provide safe and functional plumbing and heating, water and sewage services, electricity, ventilation, weatherproofing, locks, safe floors and stairways, adequate garbage containers, and to keep the building and grounds free of garbage, unsanitary conditions, and vermin.

The existence of any one or more of these conditions could give the tenant the right to repair the condition and deduct the expense from the rent, to petition the Rent Board for a rent decrease, to claim a defence to eviction or unlawful detainer, or to declare constructive eviction.

The rights and obligations of both the landlord and the tenant are very sensitive to the facts of the given case, so nobody should unilaterally withhold rent or consider the lease void without sound legal advice.

Examples of situations that could support a claim for breach of the implied warranty of habitability include:

  • Leaking ceilings or roofs
  • Inadequate water pressure
  • Cockroaches, mice, or rats
  • Defective or inadequate electrical outlets or wiring
  • Missing or defective locks on doors or windows
  • Structural unsoundness in floors, stairways, or porches

The San Francisco habitability lawyers at Bradshaw & Associates, P.C. are familiar with the state laws, the local ordinances of many Bay Area communities, and the procedural rules that relate to building code and safety issues in rental properties. If your property is in San Francisco, it is important to choose a local San Francisco habitability issues attorney who is familiar with the San Francisco Rent Board and local ordinances. We represent both landlords and tenants, which many clients regard as a definite advantage for trying to work out an agreement with the other side, and for presenting a convincing case to the Rent Board or in court. Contact us in San Francisco for more information about habitability issues.

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ONE SANSOME STREET,
THIRTY-FOURTH FLOOR,
SAN FRANCISCO, CA 94104
PHONE: 415.433.4800
FAX: 415.433.4841