What Are Tenant Rights if a Building is Unsafe?
Moving into a new property can seem like a fresh start for many. But what can you do if the building you’re occupying has unsafe living conditions? There are certain tenant rights to protect occupants of buildings and houses, and unsafe conditions are where these rights can help the most. Keep reading to learn more about your tenant rights, how to document unsafe building conditions, and how a personal injury lawyer in Riverside can help you in the case of injury from unsafe living conditions!
What Characterizes a Building as Unsafe?
The city of Riverside has over 45,000 renter-occupied housing units, which means many people are eager to find a safe and enjoyable home for themselves and their loved ones. Unfortunately, unsafe building conditions are not rare, and it can ruin peace and happiness for many renters. A building with unsafe conditions can look like:
- Broken stairs and walkways
- Inadequate lighting
- Exposed wiring
- Presence of mold
- Fire hazards
- Absent or faulty smoke detectors or carbon monoxide detectors
- Absence of safety railings
- Leaky roofs and other structural damage
- Inadequate ventilation
- And more
What are My Tenant Rights?
In the state of California, all tenants have the right to a safe and habitable rental unit. In regard to being ‘habitable’, this means the rental unit is fit to be occupied by humans and largely complies with state and local building and health regulations that affect tenants’ health and safety.
Since the 1974 Green v. Supreme Court case, all residential units and residential leases contain an implied warranty of habitability. This upholds legal responsibility for the landlord of any rented unit to repair substantial defects that could further affect the unit’s livability, as well as provide maintenance work. As a tenant in California, you have the right to a habitable living space with severe repairs at being the legal responsibility of the landlord. When it comes to unsafe living conditions, tenants also have the following rights:
- “Repair and deduct remedy” where a tenant can deduct money from their rent (if repairs would not cost more than one month’s rent) to fix defects in the unit that are causing unsafe living conditions.
- “Abandonment remedy” where a tenant can abandon (move out of) a seriously defective and uninhabitable unit that affects their health and safety.
- “Rent withholding remedy” in which a tenant can withhold a part or all of the rent due to serious unfixed defects in their unit that are affecting the livability of the unit, as well as their health and safety.
As a tenant, you have the right to live in a space that is well-maintained and safe to live in as outlined in the California Civil Code 1941.1. The above remedies are tenant rights, but speaking to a Riverside personal injury attorney can help you learn more about the steps to take in the case of unsafe living conditions resulting in injury.
Premises Liability and How a Riverside Personal Injury Lawyer Can Help
Landlords have a duty of care toward their tenants, and once that care has been breached by unsafe living conditions, tenants can and should file a personal injury claim if they suffered resulting injuries. When a person is injured on a property it becomes a case of premises liability.
If your landlord knew of dangerous conditions present in your rental and did not repair them, this is also known as negligence. If your Riverside rental property has unsafe living conditions and results in injuries like broken bones, slip and falls, burns, or other injuries, a personal injury attorney can help build your claim for financial compensation.
Frequently Asked Questions
What Can Compensation Cover?
Compensation from a premises liability personal injury claim can cover various expenses, such as past and future medical expenses, loss of wages, mental trauma, physical rehabilitation, and more. Speaking with a personal injury attorney in Riverside can help you determine the possible damages recoverable in your case.
What if I Am Evicted While Filing a Claim?
If you are evicted after filing a report for unsafe living conditions, this is known as retaliation and is not legal in the state. Under California’s Tenant Protection Act, tenants are protected from specific rent increases and evictions.
How Can a Riverside Personal Injury Lawyer Help My Case?
If you are injured from unsafe living conditions in your apartment building or other rental unit, you will no doubt be dealing with painful injuries, mounting expenses, and the inability to work. Getting representation with a Riverside personal injury lawyer, such as from the BD&J team, can allow you to have a skilled legal expert at your side, navigating the filing process, negotiations, and even facing your landlord in court as needed.
How to Document Unsafe Building Conditions
To build your personal injury claim due to unsafe living conditions, it’s essential to document the unsafe building conditions that are present in your home. Document unsafe building conditions by:
- Take clear photos and videos of all the hazards present.
- Save all written communication between yourself and your landlord about the conditions and repairs needed. It’s important to keep written record of the notification to your landlord of the conditions, as well as recording their response.
- Keep a record of any repairs you may have paid for. Receipts for out-of-pocket expenses can be used as evidence in your claim.
- Talk to other tenants who have witnessed the conditions as well. Eyewitness statements from other tenants can be crucial evidence that shows the conditions of a building and how it affects other people as well.
Riverside Personal Injury Lawyers that Protect Tenant Rights
As a tenant, you have the right to live in a building or other property that is safe and maintained well. Unfortunately, this is not always the case, and some tenants can be subjected to unsafe living conditions that impact their health or cause injury. Fortunately, you have rights as a tenant and can pursue legal action in the event of an injury from the conditions of your living space.
A dedicated personal injury attorney from BD&J can provide you with unmatched legal representation. We’ve been protecting the rights of injured tenants for more than 20 years and have recovered more than $2 billion* in compensation. Contact us now for a free consultation!