Dangerous Conditions: What Are My Rights as a Tenant?

tenant rightsWhat Are Considered Dangerous Conditions in CA?

According to Gov. Code, § Section 830, subd. (a) (1963), Dangerous Conditions means “a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used.”  Section 835 considers public property dangerous if the property is physically damaged, deteriorated, or defective in a manner that foresees the endangerment of the tenants using the property.  Bonnano v. Central Costa Transit Auth (2003) 30 Cal. 4th 139, 149, states property in California may be dangerous “because of the design or location of the improvement, the interrelationship of its structural or natural features, or the presence of latent hazards associated with its normal use.”

What Are the Responsibilities of a Landlord to Not Have Dangerous Conditions?

The California Civil Code mandates that landlords of property must maintain and ensure that the living space meets certain conditions and criteria so that it remains safe and habitable for residents.  The responsibilities of a landlord include maintaining and ensuring proper electric, gas, and plumbing utilities.  The landlord must also install proper security systems and locks.  The landlord is also responsible for monitoring for any security threats or breaches on the property.  A landlord may also be held liable for unsafe security breaches or occurrences on the property that could have been prevented.

What Are the Rights to Protect the Tenant from Dangerous Conditions?

California Civil Code Section 1942 states that a tenant may vacate a rented property without prior notice should the property be considered uninhabitable.  However, there are certain steps to take before claiming the property is uninhabitable.  A real estate lawyer will be able to assist.

How Can Your Attorney Help?

At Katje Law Group, we fight for our client’s rights.  If you are a tenant living in dangerous conditions, please do not hesitate to contact us today.  Our Anaheim California real estate lawyers will assist you every step of the way to ensure you receive the rights you deserve.

 

Contact Katje Law Group today at 714-400-2970 or info@katjelawgroup.com