The California Civil Code, Chapter 2, Section 1942.4 states that a landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit, if all of the following conditions exist prior to the landlord’s demand or notice:
Government Notices and Preexisting Conditions
- The dwelling substantially lacks any of the affirmative standard characteristics listed in the section California Landlord Building Must Be Fit for Occupancy or violates Section 17920.10 of the Health and Safety Code, or is deemed and declared substandard as set forth in Section 17920.3 of the Health and Safety Code because conditions listed in that section exist to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants of the dwelling.
- A public officer or employee who is responsible for the enforcement of any housing law, after inspecting the premises, has notified the landlord or the landlord’s agent in writing of his or her obligations to abate the nuisance or repair the substandard conditions.
- The conditions have existed and have not been abated 35 days beyond the date of service of the housing law notice and the delay is without good cause. For purposes of this subdivision, service shall be complete at the time of deposit in the United States mail.
- The conditions were not caused by an act or omission of the tenant or lessee in violation of the section California Tenant Obligation to Maintain Fit Dwelling.
Damages for Landlord Noncompliance
A landlord who violates this section is liable to the tenant or lessee for the actual damages sustained by the tenant or lessee and special damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).
Note: The prevailing party shall be entitled to recovery of reasonable attorney’s fees and costs of the suit in an amount fixed by the court.
Court Ordered Repairs
Any court that awards damages under this section may also order the landlord to abate any nuisance at the rental dwelling and to repair any substandard conditions of the rental dwelling which significantly or materially affect the health or safety of the occupants of the rental dwelling and are uncorrected. If the court orders repairs or corrections, or both, the court’s jurisdiction continues over the matter for the purpose of ensuring compliance.
Note: Any action under this section may be maintained in small claims court if the claim does not exceed the jurisdictional limit of that court.
Amended by Stats. 2003, Ch. 109, Sec. 1. Effective January 1, 2004.
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