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  • Should I get a mold or other environmental hazard test?

    Yes! And do so immediately. This should be done by a professional right away whether it is mold or any other type of environmental hazard. This is important to do so as quickly as you can because it is your evidence the property had a problem. A test will help to determine the air quality, type of mold or other environmental hazard and the extent of the exposure.

    We understand that these can get pricey, but it is important to get a qualified testing company for this. We recommend shopping around because the cheapest option is not always the best.

    If you have other questions on what to do if there is mold or another environmental hazard in your house or apartment, check out our Habitability Checklist.

  • What are my rights if I have mold or another habitability issue in my house/apartment?

    California law requires that landlords must maintain rental property in a condition “fit for human beings.” This is called the “Warranty of Habitability.” California Civil Code Section 1941.1 lists out specific examples of what is required, however, examples of uninhabitability may extend beyond these.

    What you’re able to claim or seek under the law will depend upon how extensive the issue is. If there is a small amount of mold in your bathroom or kitchen, you will probably not be able to break your lease. However, if this problem persists, there is black mold, or another habitability hazard that endangers your health, your claim gets stronger.

    If you have lost property due to the mold or hazard, have had to clean it professionally, move, stay in a hotel, or have medical bills associated with the hazard, these are all damages that you can claim. To best determine what your rights are, you should meet with an experienced landlord-tenant attorney or mold attorney. Our firm provides FREE case evaluations here.

Landlord Tenant Attorney

Moving into a new apartment or home can be both exciting and stressful. There is the feeling of a new beginning, but also the dread of change. In most cases, we become comfortable with our surroundings and the prospect of a new landlord-tenant relationship, neighbors, etc. is unnerving. On the flip side, taking on new tenants also presents the unknown for a landlord.

California law provides a specific body of law for landlords’ and tenants’ rights. At its most basic, a landlord must provide residential property up to a certain standard of health and habitability and the tenant must maintain a minimum standard to know more call us (916) 619-5452.

What is the Warranty of Habitability?

This simply means that a landlord must maintain rental property in a condition fit for human beings. The Warranty of Habitability is implied in every residential lease in California.

Examples of the Warranty of Habitability (Civil Code Section 1941.1) include:

  1. Effective water and weather protection of roof, exterior walls, windows, and doors.
  2. Plumbing or gas facilities that conform to code at time of installation, maintained in good working order.
  3. Hot and cold water supply to appropriate fixtures and connected to a sewage disposal system.
  4. Proper heating facilities in good working order.
  5. Proper electrical lighting, wiring, and electrical equipment.
  6. Sanitary building and grounds maintained free of trash, garbage, rodents, and vermin.
  7. Adequate number of receptacles in good condition for garbage.
  8. Floors, stairways, and railings maintained in good repair.

While this is what the California code specifically states, examples of a failure to provide a habitable residence may extend beyond these examples.

What Types of Landlord-Tenant Disputes Do You Take?

At Hanecak, P.C., we represent plaintiffs and defendants on both sides and can be your landlord-tenant attorney for:

  • Enforcing leases
  • Breaking a lease for breach of warranty of habitability or other good cause
  • Breaches of warranty of habitability due to toxic mold, rodent or vermin infestation, or other health and safety violations
  • Failure to properly document and return the security deposit
  • Improper disposal or care of the personal property in a residence by a landlord
  • Toxic mold exposure that results in significant injury or health problems
  • Rodent or vermin exposure that results in significant injury or health problems
  • Defending tenant claims of the above and more
  • Draft notices and letters to your landlord or tenant

Note: we do not represent landlords OR tenants in evictions or unlawful detainers.

What Should I do if I’m in a Dispute with My Landlord or Tenant?

If an amicable solution is off the table, document notice of the issue and subsequent correspondence in writing. If you are a landlord, document your attempts to remedy the situation. Many landlord-tenant disputes are “he said, she said” and without proper documentation, can’t be proven.

It is important to note that not every dispute will give rise to legal action or remedy necessitating a landlord-tenant lawyer. There must be a material breach in the lease agreement or a flagrant disregard for the law. For example, if your lease has expired, your landlord trying to hardball negotiating your lease renewal is not against the law in and of itself. We can help you determine if you need a landlord-tenant attorney and what your rights are.

Let Hanecak, P.C.
Be Your Landlord Tenant Attorney and Help You Today!

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Tenants’ rights do exist. Don’t let your landlord try to provide substandard housing conditions. Likewise, if you are a landlord and facing claims of substandard housing, we can help be your landlord tenant attorney. Our landlord tenant attorneys are experienced representing both landlords and tenants. Please call us today at (916) 619-5452 for a FREE case evaluation over the phone!

SACRAMENTO OFFICE
2399 American River Dr,
Suite 2, Sacramento, CA 95825
(916) 619-5452
djhanecak@hanecaklaw.com

SAN DIEGO OFFICE
4445 Eastgate Mall,
Suite 200, San Diego, CA 92121
(858) 812-2096
info@hanecaklaw.com

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