What are my legal protections as a tenant in California when my rental property is in REAP and has health hazards?

Question from Paulie, What are my legal protections as a tenant in California when my rental property is in REAP and has health hazards?

Answer from AI:

In California, tenants have certain rights and protections under state law, especially when it comes to health and safety issues like rodents and mold. If your rental property has been placed in the Rent Escrow Account Program (REAP), it means that the property has serious health and safety violations that the landlord has failed to address.

What is REAP?

REAP is a program in Los Angeles, California, designed to assist tenants living in substandard housing. The program allows tenants to pay their rent to the city instead of the landlord until the landlord makes necessary repairs. The city then uses this money to make the repairs if the landlord fails to do so.

Your Rights as a Tenant

Under California law, landlords are required to maintain rental properties in a habitable condition. This includes providing a property free from pests and mold. If your landlord fails to do this, you have several options:

• Repair and Deduct: If your landlord doesn’t make necessary repairs within a reasonable time after being notified, you may be able to make the repairs yourself and deduct the cost from your rent. This is known as the “repair and deduct” remedy.
• Withhold Rent: In certain circumstances, you may be able to withhold rent until the landlord makes necessary repairs.
• Move Out: If the property is uninhabitable and the landlord doesn’t make necessary repairs, you may be able to move out without being responsible for future rent.
• Sue the Landlord: You may be able to sue the landlord for a reduction in rent, damages for discomfort and annoyance, and in some cases, for emotional distress.

When to Seek Legal Advice

If you’re dealing with serious health and safety issues in your rental property and your landlord isn’t addressing them, it may be time to seek legal advice. A lawyer can help you understand your rights and options, and can guide you through the process of dealing with your landlord and the REAP program.

Remember, this information is a general guide and may not apply to your specific situation. Always consult with a legal professional for personalized advice. You can find more information about your rights as a tenant in California on the California Department of Consumer Affairs website and the Los Angeles Housing + Community Investment Department website.