Under California law, landlords must comply with housing standards and must refrain from using self-help. There are housing standards that, if violated, will deem the property untenable, meaning it cannot be rented.

The property is considered unsustainable, if it substantially lacks the following:

(1) Effective waterproofing and weather protection of the roof, walls, windows and doors;

(2) gas facilities maintained in good working order;

(3) A water supply capable of producing hot and cold running water, and connected to a sewage disposal system;

(4) heating facilities maintained in good working order;

(5) Electric lighting, maintained in good working order;

(6) The building, grounds, fixtures, and all areas under the Owner’s control from the time the lease or rental agreement commences must be kept clean, sanitary, free of all accumulations of debris, dirt, litter, litter , rodents and vermin;

(7) An adequate number of appropriate receptacles for trash and trash, in a clean and good repair condition at the time the lease or rental agreement commences, and the landlord is responsible for the clean condition and good repair of the receptacles under his or her his control;

(8) floors, stairs maintained in good repair.

The landlord must also ensure compliance with local ordinances and any remodeling must comply with existing building codes.

A landlord of a dwelling cannot legally enforce rent, collect rent, issue a notice of rent increase, or issue a three-day notice to pay rent or vacate, if the property is untenable and:

(1) A public officer or employee responsible for enforcing any housing law, after inspecting the premises, has notified the landlord or the landlord’s agent in writing of their obligations to abate the nuisance or repair substandard conditions;

(2) The conditions have existed and have not been removed 35 days after the notice was received from a public official and the delay is not for good cause;

(3) and the conditions were not caused by an act of the tenant or the tenant’s inaction.

A landlord who demands rent, collects rent, or issues a rent increase notice, or issues a three-day notice to pay or vacate and all four conditions are present, then the landlord is liable to the tenant for actual damages, plus damages. specials of not less than $100 and not more than $5,000.00. The prevailing party is also entitled to reasonable attorneys’ fees and costs.

This does not mean that the lessee can cause these conditions and it does not mean that
the owner is responsible if the tenant chooses to live in substandard conditions. The landlord is not required to repair a blight if the tenant is in material violation of the following affirmative obligations:

(1) The tenant is obliged to keep the part of the property that he occupies and uses clean and sanitary, as the conditions of the property allow;

(2) The tenant is obligated to properly dispose of all trash, rubbish, and other debris in his dwelling unit in a clean and sanitary manner;

(3) Tenant is required to refrain from giving permission to any person on the premises to intentionally destroy, deface, damage, deface, or remove any part of the structure and Tenant must also refrain from doing such things;

(4) The tenant is obligated to occupy the property as his residence, using parts for living, sleeping, cooking or eating only according to the design and intended use of the dwelling.

These are the most basic requirements, but the list of obligations and responsibilities is much broader and places even more responsibilities on the landlord. What is shocking is that a landlord is allowed to legally harass a tenant, even when the landlord has no viable claim and violates the above. A landlord can start eviction proceedings and even evict a tenant, even if the landlord is violating the aforementioned housing violations. If the tenant can get a lawyer to represent them, the landlord can litigate the lawsuit and then, on the day of trial, simply dismiss the lawsuit.

If the landlord alleges a violation of the lease as the basis of the lawsuit, the landlord can dismiss the lawsuit at the last minute and not incur attorney fees or costs, because if there are attorney fee provisions in the lease, there is no winner. when the landlord voluntarily dismisses the case. It’s a loophole that essentially encourages frivolous lawsuits. Under California law, the landlord could file a frivolous lawsuit multiple times and have it dismissed just before trial after the tenant has exhausted the thousands of defendants in the lawsuit. This is how a landlord can legally harass a tenant.

It’s not right, it’s not fair, and it’s certainly not fair, but it’s the result that the State Legislature created.