Definitions of Terms
Constructive Eviction
Constructive eviction is based on the landlord engaging in acts that render your apartment unfit for occupancy. You might also be constructively evicted if the landlord’s actions substantially affects your enjoyment of your home. An example is where the landlord takes no action to repair a faulty electrical system to the building and to your apartment which causes a fire to your apartment. Another example is where a tenant complains for many years to the landlord about the need for many repairs and the landlord takes no action.
Back to definitions »
Habitability
Landlords have a duty to maintain the your apartment. Their failure to maintain the property resulted in a breach of the warranty of habitability. This is an implied warranty which means that the terms about the landlord’s duty might not be explicitly stated in your lease.
An implied warranty, every premises must be habitable and landlords are required to keep the premises in a habitable condition during the term of the tenancy. A breach of this warranty is a breach or violation of this duty, either by commission or omission; it is nonperformance or failure to perform contractually, expressed or implied by law, without legal excuse.
If the landlord fails to maintain the property by making necessary repairs, then the landlord has probably breached the warranty of habitability. Breach of the warranty of habitability can include any of the following:
- Effective waterproofing and weather protection of the roof, exterior walls, windows and doors.
- Plumbing and gas facilities that met state law at the time they were installed and maintained in good working order.
- A water supply that produces hot and cold water that met state law at the time it was installed.
- A heating supply that produces heat that met state law at the time it was installed.
- An electrical system, including lighting, wiring and equipment that met state law at the time it was installed.
- The building and grounds and all areas under the control of the landlord, such as the common areas, are clean and sanitary at the beginning of the lease and kept free from debris, filth, garbage and rodents during the lease term.
- An adequate number of trash cans or receptacles which are kept clean and in good repair throughout the lease.
- Floors, stairways and railings maintained in good repair.
Negligence
A landlord’s unreasonable actions or inactions can constitute negligence. Negligence occurs when the landlord has a legal duty to use due care, the landlord breaches his or her legal duty; and the landlord’s breach is the proximate or legal cause of the resulting injury to you as the tenant.
Landlords have a legal duty to use due care at the apartments they rent. Landlords breach their duty to tenants by failing to exercise ordinary and reasonable care in the maintenance and repair of their apartments they lease. If landlords repeatedly failed to inspect and to maintain the subject premises even after tenants notify them of problems with their apartments then the landlords might be liable for negligence. Tenants should inform their landlords in writing if they have problems such as broken windows, vermin, sewage overflows, defective electrical system, defective heating system, kitchen ceiling falling down, mold, mildew, water heater blowouts, a non-working stove and refrigerator.
Back to definitions »
Nuisance
A landlord’s failure to maintain the property which results in an interference with your use and enjoyment of their apartment can constitutes a nuisance. A landlord’s actions or inactions can lead to the loss of your apartment, even damage to personal property, emotional distress and moving expenses, among others.
Nuisance can be from a landlord’s failure to maintain your apartment which results in conditions which are harmful, unreasonable, and offensive to the tenant. These conditions could include, but are not limited to, infestations of rats, mice, and roaches, mold throughout the apartment, broken windows, vermin, sewage overflows, defective electrical system, defective heating system, kitchen ceiling falling down, mold, mildew, water heater blowouts and a non-working stove and refrigerator.
Back to definitions »
Rent Ordinance
San Francisco and some cities in the East Bay have a rent ordinance. Among other items, the San Francisco Rent Ordinance limits rent increases for tenants in occupancy. The Rent Ordinance also protects tenants from evictions in order to preserve low-cost housing in San Francisco. Tenants who are protected under the Rent Ordinance may be evicted only for reasons listed as one of the enumerated “just causes,” such as non-payment or rent or nuisance.
In general, the Rent Ordinance applies to all rental units that were built before 1979, except, in many instances, single-family dwellings, including condominiums. The San Francisco Rent Board conducts meditations and arbitrations of various tenant and landlord petitions including rent increases, decrease in housing without a decrease in rent, among other issues.
In San Francisco the Rent Ordinance imposes liability when a landlord endeavors to recover or does recover possession of a rental unit in violation of the Rent Ordinance. A violation of the Rent Ordinance entitles a tenant to three times their actual damages. Section 37.9(f) of the Rent Ordinance imposes liability when a landlord endeavors to recover or does recover possession of a rental unit in violation of the Rent Ordinance. A violation of the Rent Ordinance entitles the aggrieved tenant to three times their actual damages.
Back to definitions »