Tenants Rights-Implied Warranty of Habitability

During these pandemic times of the infamous Covid-19 virus😈 more and more people are worried about how they are going to pay their rent and the landlords are also worried about how they will pay for the mortgage.😧 However, there is one issue that is coming up that the tenants do not know how to fight against : 🏠Evictions.

I know that the Governor of California issued an executive order on March 16th that authorized local governments to halt evictions, slows foreclosures, and protects against utility shut offs effective until May 31. Now this does not mean that you do not have to eventually pay the rent or that your rent will be deferred, it is more like a forbearance 💲. Now currently people were starting to worry that the details of this was not clear enough and landlords were already starting evicting people. 

On March 26 he announced a 'Moratorium on Evictions' clarifying that the tenant must notify the landlord within 7 days after the rent is due that they are unable to pay the rent due to some sort of loss in respect to Covid-19. However once those 2 months are over those two months become due asap.💸 

Well we are here now, already a week into June, and I am sure that a lot of landlords are starting to attempt to evict its tenants for non-rent 🏠. However, if you are like most renters you are unaware of your rights and how to fight this in court, if needed. We know as tenants we need to pay rent in a timely manner, but vice versa landlords need to maintain the residence in a timely manner also. 

I have seen all too many ⛔"scum landlords" that just basically collect the money and never maintain the property the way they are supposed to. That is where Implied Warranty of Habitability comes in. 

Implied Warranty of Habitability: This states that a landlord is required to keep the property in a condition fit for the tenants. Landlords must comply with housing and building codes and standards that can have significant effect on a tenant's safety and health. You have the right to withhold the rent until any issue is addressed and fixed to standards. You will go to court and you must make sure to have proof of having the money on hand (A current bank statement)

There are both pros and cons to using this as a defense in court for "withholding rent" and they are as follow: 

✅Pros - Getting your home fixed to living standards, having the cash on hand to make the fixes and the landlord can reduce it from your rent and having a defense in court if they are a scum landlord that never maintains the property

❌Cons - The owner can sell the property if they cannot afford the changes and the new owners can decide if they want to keep the same tenants or if they need everyone out to make upgrades/improvements, and if the landlord in court can prove you have caused any of these poor living conditions the court will not side with you. (Also, whether your win or lose, if you take this to court you will have this on your tenant history and can make it hard to rent again) 

All in all, there are many landlords that will work with you and create some sort of pre court deal where it is a win win for everyone.💯 You have the right for an up to code safe and sanitary place to live and the landlord has the right to maintain their property as to protect their investments. 

Also be aware that most cities are 📃accepting applications for rent or mortgage assistance and also for utility assistance. Just look on your cities website and they should have it posted in the main page.