Your Landlord Is Required to Maintain a Habitable Home. We Enforce That.
Mold, vermin, leaks, broken heat, structural defects — California's implied warranty of habitability gives tenants real remedies, and we pursue them aggressively.
You may have a case if…
- ›You have ongoing mold, water intrusion, or moisture damage.
- ›Cockroach, rodent, or bedbug infestations have not been addressed.
- ›Plumbing, heating, electrical, or hot water systems are chronically broken.
- ›Your unit has lead paint, asbestos, or other hazardous conditions.
- ›Structural problems — sagging floors, broken stairs, unsafe wiring — have been ignored.
Every residential lease in California carries an implied warranty of habitability — a legal guarantee that the dwelling will be fit for human occupation. This warranty cannot be waived. When landlords ignore it, tenants have powerful remedies: rent abatement, repair-and-deduct, constructive eviction damages, and in serious cases, substantial punitive damages.
Slum housing cases — where landlords knowingly allow units to deteriorate while collecting rent, often targeting low-income or non-English-speaking tenants — are among the most aggressive litigation we pursue. We have seen seven-figure verdicts in egregious cases.
Implied Warranty of Habitability (Green v. Superior Court)
California recognizes a non-waivable implied warranty that residential premises will be fit for occupation. Codified in Civil Code §§1941, 1941.1, and 1941.2. Violations entitle tenants to rent abatement, damages, and in some cases, punitive damages.
Civil Code §1942.4 — Substandard Conditions
Prohibits collecting rent on units cited by code enforcement and not repaired within 35 days. Provides actual damages plus $100–$5,000 in special damages and attorneys' fees.
Constructive Eviction
When conditions are so severe that the tenant is forced to move, the landlord is liable for the consequences as if it had unlawfully evicted the tenant — including relocation costs and the difference in rent.
Negligence and Premises Liability
Habitability violations that cause physical injury (lead poisoning, asthma, falls) open the landlord to personal-injury liability with full tort damages.
What you can recover
- •Rent abatement (refund of rent for diminished value of the unit).
- •Out-of-pocket damages — medical, property loss, relocation, additional living expenses.
- •Emotional distress damages.
- •Punitive damages for landlords who knew of conditions and ignored them.
- •Personal injury damages when conditions caused harm.
- •Attorneys' fees in cases brought under §1942.4 and local ordinances.
The process
Step 01
Inspection & Documentation
Photos, video, code-enforcement reports, expert inspection (mold, lead, structural).
Step 02
Demand & Notice
Written demand for repairs preserving all statutory remedies.
Step 03
Litigation
Filing in Superior Court with all available theories — habitability, §1942.4, negligence, fraud, IIED.
Step 04
Resolution
Settlement, mediation, or trial. Slum housing trials are where our work has been most impactful.
Why Okojie Law
Frequently asked questions
Do I need to be current on rent to sue?+
Not necessarily. While being current strengthens your case, even tenants behind on rent often have viable habitability claims — and the habitability defense can defeat an unlawful detainer.
What if my landlord retaliates after I complain?+
Retaliation is independently unlawful (Civil Code §1942.5). Retaliation claims often produce significant additional damages.
Can I just stop paying rent?+
There is a 'repair and deduct' remedy under Civil Code §§1941–1942 but the rules are technical and a misstep can lead to eviction. Talk to us before withholding rent.
I got sick from mold — do I have a case?+
Often yes. We pursue both habitability and personal injury claims when conditions cause health harm. Medical documentation is critical.
What if my landlord is an LLC with no apparent assets?+
We trace ownership, pursue alter-ego claims, and pierce corporate structures when landlords use shell entities to dodge liability. We also pursue insurance coverage aggressively.
What does it cost?+
Nothing up front. Contingency representation in qualifying cases.
Tell us what happened.
Confidential. No obligation. We respond within one business day.
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