Habitability Claims

Representation in claims involving habitability allegations

BCS&S attorneys can provide representation to landlords/property owners in the defense of claims involving habitability allegations. California law requires that landlords provide residential units that are habitable. Historically, breach of habitability has been asserted as a defense to a landlord’s eviction lawsuit and does not require personal injury. However, tenants may also seek personal injury damages caused by the lack of habitability, and particularly so where there is mold and/or bacteria contamination. Such claims are becoming more common and may even be brought as a separate affirmative lawsuit. These claims are not exclusive to tenants, but others injured on the property may also assert premises liability, particularly if the condition giving rise to the injury was not created by the tenant. These rights and obligations are very sensitive to the facts of any given claim. Further, damages can potentially be sought beyond traditional personal injury damages.