San Francisco Tenant Rights Attorney

More Than $185 Million Recovered for Clients Facing Unsafe Housing

If you’re wondering where you can find a tenant rights attorney in San Francisco, you’re not alone. Slum housing is a widespread issue in California. Manipulative and dishonest landlords often take advantage of people, especially those living in lower-income areas. Some landlords neglect their legal responsibilities to provide safe and decent housing for which their tenants are paying.

If you are one of the many people struggling with a negligent or unavailable landlord, you need a tenant rights attorney who will fight to protect your rights. Our team at Riley | Ersoff | Rodas LLP is ready to stand by your side as you pursue justice. 

To schedule a free consultation with a tenant rights attorney in San Francisco, call (888) 658-9695 today.

What Is Slum Housing?

“Slum housing” is generally defined as a run-down dwelling that isn’t fit to live in. It can also refer to an entire area, usually urban, that is overcrowded, generally unsafe, and in poor condition. The law lists conditions that would label a building unfit and substandard. The most common issues are vermin infestations, moisture and water intrusion, cleanliness, and structural hazards.

Some examples that constitute a sanitation problem include:

• Lack of a proper shower or sink
• Dampness
• Lack of hot and cold running water
• Lack of adequate heating
• Lack of proper ventilation
• Insect or vermin infestation
• Lack of required electrical lighting
• Visible mold growth
• Lack of effective weatherproofing
• Lead hazards
• Lack of fire or carbon monoxide detectors
• Lack of sewage system connection
• Lack of adequate garbage disposal

Structural hazards include:

• Inadequate foundations
• Defective flooring
• Deteriorating walls
• Sagging ceilings

Other hazards include unsafe wiring, improper plumbing, accumulated debris, and poorly maintained building components. When conditions involve toxic hazards such as deteriorating lead paint, carbon monoxide leaks, Legionnaires’ disease, or serious environmental contamination, we build cases with physicians, industrial hygienists, engineers, and environmental scientists. Our in-house field investigator works to preserve time-sensitive evidence before the property is repaired or altered.

What Landlord & Tenant Laws Should I Know?

California and San Francisco tenant protections can overlap, and the rules that apply depend on the property and tenancy. You can reference California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities for more detailed information. You can also call our tenant rights attorneys for guidance based on your particular situation.

Landlord Responsibilities

California law requires landlords to provide habitable rental units that are structurally sound, sanitary, and safe. They must adhere to state and municipal health and safety codes, perform necessary repairs to maintain habitability, and disclose any known lead hazards. The California implied warranty of habitability addresses safe plumbing, heating, electrical equipment, structural components, waterproofing, locks, and vermin control. Landlords generally aren’t responsible for damage tenants cause through misuse, neglect, or abuse.

When a landlord ignores serious hazards or refuses to address conditions that affect health and safety, we evaluate whether the facts support a claim for compensation. We’ve recovered more than $185 million for clients in cases built around legal, medical, scientific, and investigative evidence.

Tenant Rights

Tenants have the right to inspect the premises before renting and to request repairs that the landlord is legally obligated to make. Tenants must reasonably maintain their units and common areas in clean and undamaged condition, and they must repair any damage they caused through neglect or abuse. When serious conditions go unaddressed, tenants should report them in writing and preserve photographs, videos, repair requests, inspection records, medical records, and other communications. They may also contact local code-enforcement or health authorities if the landlord continues to refuse action.

If the defects are severe enough to affect health and safety and the landlord doesn’t make timely repairs, California law recognizes several potential responses. Each has important conditions:

• Repair and deduct: Under California law, a tenant may be able to arrange repairs and deduct the cost from rent, provided the cost is no more than one month’s rent and specific legal conditions are met.
• Abandonment: A tenant may be able to move out when conditions make the rental unit uninhabitable and the legal requirements for this remedy are met.
• Rent withholding: In some circumstances, a tenant may be able to withhold rent when serious habitability defects exist.

Each option carries real risks and depends on the facts, the severity of the condition, the notice given, and the applicable law. San Francisco tenants should be aware that local San Francisco Rent Board rules may differ from general California law. The San Francisco Rent Board’s repair process, for example, doesn’t authorize rent withholding or repair and deduct solely because repairs weren’t made. Before taking any of these steps, speak with a tenant rights attorney at Riley | Ersoff | Rodas LLP who can evaluate your situation under both California law and applicable San Francisco rules.