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Under California law landlords must comply with the standards and the use of self-help. There is housing, that the standards are violated, as if the property is untenable, it may not be rented.

The property is untenable, if they basically do not have the following:

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

(2) gas installations in good condition;

(3) in a water supply capable of hot and cold running water and a sewage system;

(4) heating facilities in good condition;

(5) Electrical lighting, maintained in good condition;

(6) the building, on the ground, appurtenances, and all areas under the control of the landlord from the date of commencement of the lease or rental agreement must be kept clean, sanitary, free from all accumulations of dirt, filth, garbage, garbage, rodents and vermin;

(7) a sufficient number of suitable containers for garbage and waste in clean condition and good condition at the time of the of the lease or rental agreement, and the landlord is responsible for the cleanliness and good condition of the receptacles under his or her control;

(8) floors, stairs repaired.

The landlord must also ensure that it conforms with local regulations and all the renovation has to deal with the existing building codes.

A landlord of a dwelling can not legally demand rent, collect rent, a notice of rent increase, or a three day period to pay rent or quit, if the property is untenable, and:

(1) The public officer or employee, is responsible for the enforcement of housing law, after examination of the premises, the landlord or the landlord's agent in writing its obligations to combat the nuisance or repair the substandard conditions;

(2) The conditions have existed and were not removed 35 days after the notice issued by a public officer and the delay is not responsible for the good cause;

(3) and the conditions were not accompanied by an act of the tenant or the tenant not to act.

A landlord that demands rent, collects rent, or a notice of rent increase, or a three day period to pay or quit and the four conditions are met, then the landlord is liable to the tenant for actual damages and special damages are not less than 100 U.S. Dollar and not more than $ 5,000.00. The party is also entitled to reasonable attorney's fees and costs.

This does not mean that the tenant may cause these conditions, and it does not mean that
the landlord is liable if the tenant is to live in substandard conditions. The landlord is not obligated to repair decay, if the tenant is in substantial breach of the following positive obligations:

(1) The tenant is obligated to that part of the building which he occupies and uses as clean and sanitary condition for the premises permit;

(2) The tenant is obligated to properly dispose of his apartment unit of all waste, garbage and other waste in a clean and hygienic manner;

(3) The tenant is obliged, by the authority for each person on the premises to willfully destroy, deface, damage, impair or remove a portion of the structure and the tenants also need to do such things;

(4) The tenant is obligated to the premises as a residence, and parts for the use of living, sleeping, cooking or eating and drinking, only the apartment has been designed and used.

These are the main requirements, but the list of obligations and responsibilities is much broader and includes more responsibility on the landlord. What is shocking is that a landlord is entitled to legally harass a tenant, even if the landlord is not entitled viable and is in violation of the foregoing. A landlord can the eviction and displacement of a tenant, even if the landlord is in breach of the aforementioned housing violations. If the tenant is capable of providing advice to the tenant the landlord can dispute the application and then on the day of the examination simply dismiss the application.

If the landlord alleges a contract violation as the basis of the complaint, the landlord can dismiss the complaint in the last minute, and not every attorney fees or costs arise, because if there is an attorney fee in the lease agreement there is no winner when the landlord voluntarily dismisses the case. It is a loophole that essentially encourages frivolous lawsuits. Under California law, the landlord, a frivolous action several times and just dismiss them before the hearing after the tenant has exhausted thousands defending the action. This is how a landlord can harass a tenant legally.

It is not right, it's not fair, and certainly not only, but it is the result was that the state Legislature.

Attorney Arnold Hernandez is primarily for consumers, small and medium-sized enterprises, and the victims of assault. Visit attorney Arnold Hernandez 'website for valuable information.

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