Home ownership is a dream most of us have, but it’s become less attainable over time, thanks to rising costs and stagnant wages. This is particularly true in states like California, where property prices are higher than the national average. As a result, many California residents rent from private landlords, apartment complexes, or condo associations. And we all know that relationships between landlords and tenants can be less than ideal from time to time.
However, most people understand that renting comes with various sacrifices. But what if you are being denied basic utilities, like running water? Do you have a right to sue for failure to provide running water in apartment buildings or rental units?
The landlord-tenant dispute lawyers of Normandie are available to answer your questions if your landlord is refusing to provide you with running water inside your apartment. We can also help you file a lawsuit against your landlord and obtain monetary damages for the harm you’ve suffered. Just contact us at your earliest convenience to schedule a free case evaluation.
Can I Sue my Landlord for Not Providing me with Running Water?
Yes, you can sue a landlord if they fail to provide you with reasonable living conditions, which includes a steady water supply of both hot and cold water. This is essential to many tasks, from washing yourself to keeping your home clean and cooking your food. Thus, you cannot be denied this basic utility by law, as it makes a property virtually uninhabitable. With that in mind, your landlord or leasing company has a legal duty to make necessary repairs if something goes wrong with the water supply.
If your landlord is refusing to rectify plumbing issues or has cut off running water to your apartment out of retaliation, please give us a call. We are here for you 24 hours a day, 7 days a week if you need a lawyer that can help you sue your landlord for negligence.
California Laws on Landlord Obligations to Provide Habitable Premises
The Civil Code in California requires property owners to ensure that habitable living conditions are maintained when they are renting out a home or apartment. These conditions include safety measures, such as locks on doors and windows and basis utilities, like water, heat, and gas.
Failure by the landlord to meet these requirements gives the tenant various rights under the law. For example, the tenant has the right to make the necessary repairs (calling a plumber, for example) and deduct the cost from their rent. However, you must give your landlord notice in writing of the problem and give them a reasonable grace period (usually 30 days) before you take this step. You are also allowed to vacate the premises for failure to provide running water, meaning you will not be penalized for leaving before your lease is up.
Of course, finding a new apartment is far from easy, especially in the post-COVID era when rent prices are at an all-time high and landlords are flooded with rental applications. You are likely to end up with significant monetary losses, which you should not be burdened with due to your landlord’s negligence. To learn about the legal actions you can take under California’s landlord-tenant laws, contact us today.
What are My Rights if my Landlord Won’t Provide Running Water in my Apartment?
Filing a case for breaching the warranty of habitability is one option you have as a tenant who has been deprived of a basic necessity, like running water. This is a legal action where you are claiming:
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Building management or landlord was made aware of the condition that violated your right to habitable premises.
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Regardless of you notifying them of the condition, they failed to rectify the problem.
If this is a problem that’s affecting multiple tenants in the building, you may have the option of filing a tort action for negligence. This is common in larger buildings or apartment complexes, where many people are affected by the same utility issues.
No matter which path you choose, we are with you every step of the way on your journey to justice. Ultimately, our goal is to provide you with the damages you are entitled to, while holding the landlord accountable for what they’ve done to you.
Average Settlement Value of a Negligent Landlord Complaint
The value of a failure to provide running water lawsuit against your landlord is based on monetary losses that are specific to your case. These include the amount of rent paid, out of pocket expenses for hotel stays and compensation for repair services you covered. Due to the constraints of living without running water, you may also have health conditions that will allow you to sue for medical bills, pain and suffering and other non-economic damages.
The total value of a settlement award may be anywhere from $10,000 to $200,000 and above. In some cases, tenants are awarded punitive damages by a jury if the landlord’s conduct was especially outrageous or harmful. This is an additional sum on top of your settlement award, and there is no limit to the amount of punitive damages that can be awarded in California.
Statute of Limitations for a Habitable Premises Lawsuit
The deadline to file a lawsuit for negligence by a landlord depends on the agreement you have for the rental of the property. If you have a physical lease (written and signed contract), you have 4 years to file a legal action against your landlord or the building management company. If the agreement was made verbally, you have 2 years to sue your landlord for breach of warranty of habitability
Please note that if you miss the statute of limitations for your case, you will lose the right to a lawsuit altogether. Thus, it’s important to take immediate action on a compensation claim, with help from a lawyer with experience in tenant- landlord disputes.
How Long will it Take to Settle my Case?
By the time you file a legal action against your landlord, there is a history of resentment and contention. As a result, it may seem like your case will drag on without a resolution in sight. Hiring a lawyer can help, as it will allow you to avoid direct interactions with your landlord or management company. Furthermore, you have a better chance of your landlord taking your case seriously if you are represented by an attorney. In many cases, we are able to reach a settlement within 6 months through private negotiations.
If it turns out that going to court is necessary, it will certainly take longer to recover your payment. But this is where having a lawyer really counts, as you will need extensive evidence and knowledge of the legal system to succeed in a trial. The good news is that over 95% of these cases are settled before the trial date. But the process of getting to that point can still take 1 or more years.
Speak to a Renter’s Rights Lawsuit Attorney
Landlords are required to meet certain duties and obligations to their tenants, but we’ve all heard stories of terrible conditions that renters are forced to live with. This happens far too often in apartments throughout California, and it’s essential for tenants to understand their rights and legal options.
Normandie Law Firm is dedicated to the rights of renters, who are forced to deal with uninhabitable conditions due to negligence by their landlord. We can help you initiate a claim for compensation, or provide guidance on an existing landlord liability claim. You will never be charged for a consultation with us, nor will you pay a single penny upfront if you hire us to represent you. We account for legal fees in our settlement demands, meaning we receive payment from the defendant at the same time you do.
You should not have to live in conditions that are unacceptable when you are paying rent on an apartment. Call us today and schedule a free consultation or free second opinion with a lawyer that’s experienced in California’s tenancy laws.
