APARTMENT REPAIR . . .

reference information for tenants

If you have a specific legal problem, you should contact one of these legal centers:

Legal Help :

Bet Tzedek Legal Services
145 South Fairfax Avenue, Suite 200
Los Angeles, CA 90036
(323) 939-0506

Bet Tzedek Valley Rights Project
12821 Victory Boulevard
North Hollywood, CA 91606
(818) 769-0136

Inner City Law Center
1321 East 7th Street
Los Angeles, CA
(213) 891-2880

Legal Aid Foundation of Los Angeles
1544 West 8th Street
Los Angeles, CA 90017
(213) 385-1719 (213) 487-7609 (evictions)

Los Angeles Center for Law & Justice
2606 East 1st Street
Los Angeles, CA 90033
(323) 266-2690

Neighborhood Legal Services
13327 Van Nuys Boulevard
Pacoima, CA 91331
(818) 896-5211

Legal help in case of illegal lockout - 24 hours (213) 252-3890

Help for Tenants:

Coalition for Economic Survival
1296 North Fairfax Avenue
West Hollywood, CA 90046
(323) 656-4410

Inquilinos Unidos
660 South Bonnie Brae
Los Angeles, CA 90057
(213) 483-7497

Government Offices:

Los Angeles City Housing Department
3550 Wilshire Blvd., 15th Floor
Los Angeles, CA 90010
(866) 557-7368

Los Angeles City Housing Department
6640 Van Nuys Blvd.
Van Nuys, CA 91405
(866) 557-7368
(213) 978-3231

Los Angeles County Health Department
(626) 430-5200

Small Claims Court (downtown branch)
110 N. Grand Ave.
Los Angeles, CA 90012
(213) 974-9759 (recorded information).

WHAT THE CALIFORNIA LAW REQUIRES

In California, Tenants have the right to safe and decent housing, including:

• Roof, walls, windows and doors that don't leak or have holes;
• Plumbing or gas facilities in good working order;
• Hot and cold water and a working sewage system;
• Heat;
• Safe, working electricity;
• Clean common areas;
• No cockroaches, rats or other vermin;
• No loose or overflowing trash;
• Safe, clean and sanitary conditions, including kitchen and bathroom in good repair;
• Window screens.

Failure by landlords to maintain the above justifies tenants in taking action to correct the problem. Tenants also have the responsibility to:

• Clean their apartments;
• Fix any damage they or their children cause;
• Not leave food out that attracts roaches or mice;
• Dispose of trash regularly.

FIRST STEPS TO DEFEND YOUR RIGHTS

If your apartment has problems that you did not cause, You must take the first steps:

1. Write a LETTER to the owner or manager.
   Request the repairs in WRITING. Include the DATE and your SIGNATURE. Make a COPY.
2. Get PROOF of the problems, like PICTURES. Write the dates on the back of the photos.
3. Call for an INSPECTION. In Los Angeles call (866) 557-RENT When you call, mention EVERY problem you have. When the inspector comes, ask for his or her CARD. Get a CERTIFIED COPY of the inspection report.
4. TALK TO YOUR NEIGHBORS! Write letters to the landlord at the same time, to show that you mean business. If you all contact the Housing or Health Department, the inspector might come sooner and can see all apartments.

If these steps do not work, then you have four options:

1. Repair and Deduct
2. Small Claims Court
3. Habitability Enforcement Program
4. Withholding Rent

REPAIR AND DEDUCT

Tenants have the right to fix some problems and deduct the cost from the rent.

«« Be very careful to do it correctly, because you might get evicted if you do it wrong. You might want to consult with a lawyer first.

How do I repair and deduct in California?

1. You can ONLY repair and deduct for the problems listed above (What the Law Requires section).
2. Write a LETTER to the landlord about the problems that need repair. «« Keep a copy. ««
3. Get PROOF of the problems, like PICTURES.
4. Give your landlord a REASONABLE TIME to make the repairs. A reasonable time is usually 30 DAYS, unless it is an emergency, such as your only toilet is broken.
5. Then, use up to one month's rent to make the repairs. You can only do this two times each year, and not in two consecutive months. «« SAVE ALL YOUR RECEIPTS. ««
6. Subtract the cost from your rent and pay the rest. Give the landlord copies of the receipts and a letter that explains what you did.

«« IT IS VERY IMPORTANT TO FOLLOW THE RIGHT STEPS. ««

For example, if you don't give the landlord the letter first and wait 30 days, or if you don't get receipts, the landlord might be able to evict you!

HABITABILITY ENFORCEMENT PROGRAM

The Los Angeles Housing Department's Habitability Enforcement Program (HEP) can REDUCE YOUR RENT until the landlord makes the repairs!

Who can file a complaint with HEP?

• The apartment must be in LOS ANGELES and be covered by the RENT STABILIZATION ORDINANCE. (It covers most apartments built before 1978. Call the Housing Department to find out, (866) 557-7368.)
• The problem must be one listed above, or involve a BROKEN ELEVATOR, SECURITY GATES, OR AIR CONDITIONING. (other Housing Department programs can help with other kinds of problems.)

How do I file a complaint with HEP?

1. The L.A. Housing Department can assist you. It is at:
   3550 Wilshire Blvd., 15th Floor
   Los Angeles, CA 90010
   (866) 557-7368
   Or
   6640 Van Nuys Blvd.
   Van Nuys, CA 91405
2. First give the landlord WRITTEN NOTICE of the problem. Write a letter (like the one in this booklet), or use a form the Housing Department will give you.
3. Get PROOF of the problem, like PHOTOGRAPHS or a copy of an INSPECTION REPORT.
4. If the landlord doesn't make repairs 20 days after your written notice, fill out a COMPLAINT at the HOUSING DEPARTMENT. Your complaint will be processed more quickly if you attach an inspection report.
5. The Housing Department will hold a HEARING, and you must show your PROOF and bring any WITNESSES.
6. The hearing officer can then REDUCE YOUR RENT until the problem is fixed!
   SMALL CLAIMS COURT

The SMALL CLAIMS COURT can order the landlord:

• TO PAY FOR REPAIRS YOU MADE OR THINGS THAT GOT DAMAGED.
  For example, you can sue in Small Claims Court if:
  
  Water leaked from the ceiling onto all your clothes and ruined them;
  The toilet overflowed and you paid a plumber when the manager wouldn't come;
  You lost a day of work and paid a doctor because your child was bitten by a rat.
  
  You must be able to prove that you actually lost money because of the problems. For example, you have to show receipts or show the damage to your belongings.
  
• IN CALIFORNIA, THE SMALL CLAIMS COURT CAN ALSO REDUCE YOUR RENT UNTIL THE REPAIRS ARE MADE.

If an inspector ordered repairs and the landlord didn't make them, a law (California Civil Code § 1942.4) allows the Small Claims Court to order the landlord to make the repairs and to reduce your rent until the repairs are made.

«« You must show a copy of the Inspection Report.««

«« You must wait until 60 days after the order.««

HOW DO I GO TO SMALL CLAIMS COURT?

1. Follow the FIRST STEPS above.
2. VISIT the Small Claims Court and ask them how to FILE A COMPLAINT. The downtown Los Angeles Small Claims Court is located at:
   110 North Grand Avenue
   Los Angeles, California
   
   There are many other Small Claims Courts. Check the government section of your telephone book under your city's Municipal Court or call the Small Claims Advisor at (213) 974-9759.
   
3. When you have a court date, bring all your PROOF to court, including PHOTOS, INSPECTION REPORTS, RECEIPTS, and WITNESSES.

WITHHOLDING YOUR RENT

You have the right to withhold rent if the landlord refuses to fix SERIOUS problems.

««« IF YOU WITHHOLD YOUR RENT, THE LANDLORD WILL PROBABLY TRY TO EVICT YOU. IT IS VERY IMPORTANT TO FOLLOW THE RIGHT STEPS. IT IS BEST TO CONSULT WITH A LAWYER FIRST.««

HOW DO I WITHHOLD RENT?

1. You can only withhold your rent for one of the PROBLEMS listed above, and only if it is SERIOUS.
2. First you must give the landlord a LETTER and get PROOF of the problem, like photos or an inspection report. Follow the steps above.
3. Give your landlord a REASONABLE TIME to fix the problems. A reasonable time is usually 30 DAYS unless it is an emergency.
4. If the problem still is not fixed, HOLD ON TO THE MONEY, and give your landlord a LETTER explaining that you will pay after the problem is fixed.
5. «« DO NOT SPEND THE RENT MONEY.«« You will need to pay it back when the landlord repairs the problems. If your landlord tries to evict you, you must show the judge that you did not spend your rent money. Keep it in a separate place, like a separate bank account.

««« AGAIN, IT IS VERY IMPORTANT TO FOLLOW THE RIGHT STEPS, AND IT IS BETTER TO CHECK WITH A LAWYER FIRST.««

WHAT CAN THE LANDLORD DO TO YOU?

It is AGAINST THE LAW for the landlord to retaliate against you, for example by trying to evict you or raising your rent, for exercising your legal rights.

But landlords often GET AWAY WITH IT because tenants DO NOT FOLLOW THE PROPER STEPS. For example, they forget to give the landlord written notice before withholding the rent, or they spend the money.

If the landlord takes you to court, you need to have all the copies of the letters to the landlord and your rent money so that you can prove to the judge that the landlord is retaliating against you.

If your landlord tries to evict, you should CONTACT A LEGAL CENTER that gives free legal help. Those centers are listed in the right column of this page.