A Notice form provides legal notification to a party of an important aspect of a legal matter. Failure to provide proper notice is often the cause of delays in the progress of lawsuits and other legal matters. This model form, a Notice of Unhealthy or Unsafe Living Conditions Landlord to Tenant, provides notice of the stated matter. Because each case is unique, you will need to adapt the form to fit your specific facts and circumstances. Available for download now.
California Notice of Unhealthy or Unsafe Living Conditions Landlord to Tenant
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State:
Multi-State
Control #:
US-NOTICE-1980
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Word;
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How to fill out Notice Of Unhealthy Or Unsafe Living Conditions Landlord To Tenant?
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FAQ
In short, California's implied warranty of habitability requires a landlord to keep the premises in a condition fit for the occupation of human beings. Landlords must substantially comply with housing and building codes/standards that materially affect a tenant's safety and health.
The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at .
There are no strict legal definitions for the term uninhabitable living conditions. Generally speaking it is some condition that makes the living in a home or premises impossible. Aesthetics such as an ugly paint color or worn carpet generally do not render a property unihabitable.
The tenant can't be behind on rent at the time notice is given. The problem must either a) materially affect the physical health or safety of an ordinary tenant or b) arise from the landlord's failure to supply hot water at a minimum temperature of 120°F.
Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.
This may include dangerous hazards, like infestations, holes in the floors or walls, exposed electrical, or a broken furnace in the winter. Non-working cable television or out-of-date appliances typically do not make a rental uninhabitable, unless there is a dangerous condition associated with them, such as a gas leak.
In California a landlord is required to provide a safe living environment for the tenants and the law has been established under the California Civil Code. The failure of a landlord to provide such conditions can lead to violation of the law and impose civil and, at times, even criminal liability upon the landlord.
