Code Enforcement Violations

Code Enforcement Violations

Code enforcement violations generally involve serious health and safety conditions that render a rental property substandard or uninhabitable. Common examples include:

• Mold, water intrusion, leaks, or significant water damage;

• Pest or rodent infestations;

• Lack of essential utilities, including heat, hot water, or electricity;

• Broken or unsecured windows and doors that compromise the tenant's safety or security;

• Unsafe or defective plumbing and electrical systems;

• Structural defects, such as collapsing ceilings, damaged flooring, or other hazardous conditions; and

• Sewage backups or other unsanitary conditions that pose a risk to occupants' health.

These conditions are recognized under California Civil Code section 1941.1 and California Health and Safety Code section 17920.3, which establish the minimum standards for a habitable residential dwelling.

Landlord’s 35-Day Deadline

Once a local code enforcement agency inspects a rental property and issues a notice of violation, the landlord generally has 35 days to correct the cited conditions. If the landlord fails to remedy the violations within that time, absent good cause for the delay, California law imposes significant consequences. The landlord may be prohibited from:

• Demanding or collecting rent;

• Serving a notice of rent increase; and

• Serving a three-day notice to pay rent or quit.

California Civil Code § 1942.4

California Civil Code §1942.4 makes it clear, a landlord may not demand rent, collect rent, or issue eviction notices if:

1. The unit substantially lacks basic habitability standards (heat, plumbing, free of pests, etc.) or is declared substandard by code enforcement.

2. A government agency has given the landlord written notice to repair or abate the violations.

3. The problems remain unfixed after 35 days without a valid excuse.

4. The issues were not caused by the tenant.

Schedule a Free Consultation

If you are a renter and are experiencing any uninhabitable conditions, contact Tapanian Law for a FREE consultation.