THE RIGHTS OF TENANTS TO LIVE IN HABITABLE LIVING CONDITIONS
7100001337 • May 2, 2025
THE RIGHTS OF TENANTS TO LIVE IN HABITABLE LIVING CONDITIONS
What A landlord needs to know to avoid unnecessary Insurance Claims.
In California, tenants have the right to live in habitable housing. This means that landlords are required to provide safe and sanitary living conditions for their tenants. The implied warranty of habitability is a legal concept that requires landlords to maintain their rental properties in a condition that is fit for human habitation.
Under the implied warranty of habitability, landlords are required to provide the following:
1. Safe and sanitary living conditions: Landlords must ensure that their rental properties are free from hazards that could cause harm to their tenants. This includes providing working smoke detectors, carbon monoxide detectors, and fire extinguishers.
2. Adequate heating and cooling: Landlords must provide heating during the winter months and cooling during the summer months. The heating and cooling systems must be in good working order.
3. Working plumbing and electrical systems: Landlords must ensure that the plumbing and electrical systems in their rental properties are in good working order. This includes providing hot and cold running water, functioning toilets, and working electrical outlets.
4. Pest control: Landlords must take reasonable steps to control pests in their rental properties.
A breach of the implied warranty of habitability can result in several legal claims against the landlord, including breach of contract, breach of implied warranty of habitability, breach of covenant of quiet enjoyment, negligence, and potential retaliation.
If a landlord breaches their duty to maintain a rental property, a tenant may be able to bring a legal claim against the landlord for damages. For example, a tenant may be able to recover the cost of any repairs made to the property, the cost of temporary housing if the property is uninhabitable, or other damages resulting from the breach.
Retaliation by the Landlord is Prohibited
California law prohibits landlords from retaliating against tenants who assert their legal rights. For example, a landlord may not evict a tenant or take other adverse action against them in response to a complaint about the property's condition.
If you are a tenant and believe that your landlord has breached their duty to maintain the rental property, it's important to speak with an attorney who can help you understand your rights and options under California law.
Eduard Braun
Attorney at Law
www.eBraunLaw.com 877-533-4529
According to the Centers for Disease Control and Prevention, each year, there are approximately 4.5 million reported dog bite cases in the United States, and one in five of those cases result in serious injury. This issue raises questions about the responsibility of landlords in California in cases where a tenant’s dog bites someone. California Civil Code California Civil Code section 3342 provides that in any case where someone is bitten by a dog in a public place or while lawfully on private property, the owner of the dog is liable for damages. The word “owner” applies not just to the person who has legal title to the dog, but also to any person keeping, harboring, or having care or custody of the dog. Under the Code, a landlord may also be considered an owner if they had knowledge of the dog’s dangerous propensities and allowed the dog to remain on the property. In the case of Johnson v. City of South San Francisco (1968) 261 Cal.App.2d 425, the court held that a landlord must take reasonable steps to protect invitees from foreseeable dangers arising from keeping a tenant’s dog on the premises. In that case, the plaintiff was bitten by a tenant’s dog on the landlord’s property. The court found that the landlord had knowledge of the dog’s vicious propensities, as it had chased one of the landlord’s employees on a previous occasion. The court therefore held that the landlord was liable for the plaintiff’s injuries. In Kim v. W. S. Hampshire, Inc. (1991) 228 Cal.App.3d 1561, 1565, the court held that a landlord is not liable for a tenant’s dog bite if the landlord does not have knowledge of the dog’s dangerous propensities. In that case, the court found that there was no evidence that the landlord knew or should have known that the tenant’s dog was dangerous. In conclusion, if a landlord is aware of a tenant’s dog’s dangerous propensities and fails to take any action to protect others on the property, then the landlord may be held liable for damages caused by a dog bite. Landlords in California can protect themselves from liability by including a lease agreement that prohibits tenants from keeping dangerous dogs on the property. Landlords can also ask tenants about the nature and history of their pets before allowing them to move in. Proper steps taken by landlords will not only protect them from potential liability but also ensure the safety of all those who enter their property. Eduard Braun Attorney at Law 13713 Burbank Blvd. Sherman Oaks, CA 91401 818-796-4LAW (4529) Toll-Free: 877-533-4LAW Fax: 888-523-0963 www.eBraunLaw.com
Uninsured and underinsured motorist coverage (UM/UIM) is a type of insurance that provides additional protection to policyholders involved in car accidents with drivers who do not have insurance or whose insurance coverage is insufficient. In California, uninsured and underinsured motorist coverage is optional, but it can be a vital investment for drivers who want to protect themselves financially against potential accidents. According to the California Department of Insurance, approximately 15% of drivers in California are uninsured, which means that they do not have any auto insurance coverage. While all California drivers are required to have liability insurance, which covers damages and injuries to other people in case of an accident, uninsured and underinsured motorist coverage protects the insured driver and their passengers if they are injured in a collision with an uninsured or underinsured driver. Uninsured and underinsured motorist coverage can pay for medical expenses, lost wages, and other damages that the insured driver or their passengers may have incurred in case of an accident. However, it is worth noting that the maximum amount that can be paid out under this coverage is usually the amount of the insured driver's own liability coverage. Cost for the Insured The cost for the insured for adding uninsured and underinsured policy in California can vary depending on several factors, including the insurance company, the driver's age, driving history, and the amount of coverage they want to purchase. According to the California Department of Insurance, the cost of uninsured and underinsured motorist coverage can range from a few dollars to several hundred dollars per year. One of the main factors that affect the cost of uninsured and underinsured motorist coverage is the amount of coverage the driver wants to purchase. In California, the minimum coverage limit for uninsured and underinsured motorist coverage is $15,000 per person or $30,000 per accident. However, drivers can choose to purchase higher limits if they want additional protection. It is always recommended that one will have at least $25,000/$50,000 policy. Another factor that can affect the cost of uninsured and underinsured motorist coverage is the driver's age and driving history. Younger drivers or drivers with a history of accidents or traffic violations may be considered higher risk by insurance companies, which can lead to higher premiums. In conclusion, uninsured and underinsured motorist coverage can provide valuable protection for California drivers who want to safeguard themselves and their passengers against potential accidents involving uninsured or underinsured drivers. The cost for the insured for adding uninsured and underinsured policy in California varies depending on several factors, including the driver's age, driving history, and the amount of coverage they want to purchase. It is essential for drivers to shop around and compare quotes from different insurance companies to find the best coverage at an affordable price. By doing so, they can have peace of mind knowing that they have the necessary protection in case of an accident. Eduard Braun, ESQ Law Office of Eduard Braun, P.C.
Chronic pain syndrome (CPS) is a condition characterized by ongoing pain lasting for more than 3-6 months after an injury or trauma. Complex Regional Pain Syndrome (CRPS) is a form of chronic pain that usually affects limbs. The pain persists even after the injury has healed, and its severity can vary from mild to excruciating, greatly affecting the quality of life of the person. This article will explore CRPS, its symptoms, causes, diagnosis, and treatment options. It is important to note that this author is not a Medical doctor, this article intended to provide some basic information about CPS/ CRPS. A proper diagnosis must be made by a licensed medical provider. Symptoms: The symptoms of CRPS may vary depending on the affected areas of the body, but typical symptoms include persistent pain, swelling, stiffness, and warm or cool sensations on the skin. The affected area may also become hypersensitive, making it difficult to touch or move. Changes in skin color, texture, and temperature are also common symptoms of CRPS. Furthermore, nerve damage may occur in some individuals, causing tingling, numbness, and muscle weakness. Causes The causes of CRPS are not entirely known, but several risk factors have been identified. These include injuries, surgery, fractures, immobilization of limb, infection, and nerve damage. Psychological stress and a family history of pain disorders are also believed to increase the risk of developing CRPS. Diagnosis Diagnosing CRPS is often a challenge, and there is no definitive test for the condition. The diagnosis is usually made based on clinical history, physical examination, and exclusion of other possible causes of chronic pain. Medical professionals may use imaging, such as X-rays, bone scans, or MRI, to determine if there is any underlying damage to the bones or tissues. Treatment There is no cure for CRPS, but the symptoms can be managed through a combination of treatments. Treatment options vary and depend on the severity of the condition, but typically include physical therapy, medication, psychological counseling, and nerve stimulation. Physical therapy helps stretch and strengthen the affected area, while medication for pain and inflammation may be prescribed. Psychological counseling helps individuals better cope with the condition and the related stress. Nerve stimulation therapy, such as spinal cord stimulation, has also been used successfully in some individuals. Conclusion Chronic pain syndrome after an injury is a difficult condition to diagnose and manage. Medical professionals must identify a range of symptoms and risk factors before making a diagnosis. Although there is no cure for CRPS, combining treatments for pain management, physical therapy, and psychological therapy, can help individuals better manage their symptoms and improve their quality of life. More research is necessary to better understand the underlying causes and treatment options for CRPS. Eduard Braun, ESQ Law Office of Eduard Braun, P.C. 877-533-4529
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