Образцы претензий о пригодности жилья
Образец 1: Плесень и протечка воды
[Your Name]
[Your Address]
[City, State ZIP]
[Phone]
[Email]
[Date]
[Landlord Name]
[Landlord Address]
[City, State ZIP]
RE: Notice of Uninhabitable Conditions and Demand for Immediate Repairs
Property: [Your Rental Address]
Dear [Landlord Name]:
I am writing to formally notify you of serious habitability defects at the above-referenced rental property that violate California Civil Code §§ 1941, 1941.1, and 1942, as well as my lease agreement.
DEFECTS REQUIRING IMMEDIATE REPAIR:
1. ROOF LEAK & WATER DAMAGE: Since [Date], water has been leaking through the ceiling in the master bedroom during rain. The leak has caused visible water stains, drywall damage, and soaked carpeting. I first reported this issue on [Date] via [email/phone/maintenance portal].
2. TOXIC MOLD GROWTH: As a direct result of the unrepaired roof leak, black mold has grown on the bedroom ceiling and walls. The mold covers approximately [X square feet] and emits a strong musty odor. The mold growth poses a serious health risk to my family, particularly my [child/elderly parent] who has developed respiratory symptoms.
3. PLUMBING LEAK: The bathroom sink has been leaking since [Date], causing water damage to the vanity cabinet and floor. I reported this on [Date].
DOCUMENTATION:
Attached are photos dated [Date] showing the water damage, mold growth, and plumbing leak. Also attached are copies of my prior repair requests dated [Dates].
LEGAL OBLIGATIONS:
Under California Civil Code § 1941.1, a dwelling is legally uninhabitable if it lacks effective waterproofing and protection from the elements. Civil Code § 1942 requires you to make repairs within a reasonable time after receiving notice, or I am entitled to pursue statutory remedies.
DEMAND FOR REPAIR:
I demand that you immediately arrange for the following repairs within 7 days of your receipt of this letter:
• Repair the roof leak and any underlying structural damage
• Professionally remediate all mold growth
• Repair water-damaged drywall, ceiling, and flooring
• Repair the bathroom plumbing leak
• Restore the premises to habitable condition
REMEDIES IF REPAIRS NOT COMPLETED:
If you fail to complete these repairs within 7 days, I will pursue all available remedies under California law, including but not limited to:
• Repair and deduct the cost of repairs from my rent (Civil Code § 1942)
• Withhold rent until repairs are completed
• File a complaint with [City] Code Enforcement
• Move out without penalty due to uninhabitability
• File a lawsuit seeking damages, injunctive relief, and attorney fees
Please confirm receipt of this letter and provide a written timeline for completing these repairs within 3 business days.
Sincerely,
[Your Signature]
[Your Printed Name]
Attachments:
- Photos of water damage and mold (dated [Date])
- Copy of prior repair request dated [Date]
- Copy of prior repair request dated [Date]
Образец 2: Отсутствие отопления и неисправность сантехники
[Your Name]
[Your Address]
[City, State ZIP]
[Phone]
[Email]
[Date]
[Landlord Name]
[Property Management Company]
[Address]
RE: Emergency Notice of Uninhabitable Conditions – No Heat and Plumbing Failure
Unit: [Your Unit Number], [Property Address]
Dear [Landlord Name]:
I am providing you with urgent notice that the rental unit at [Address] is currently uninhabitable due to the complete failure of essential utilities, in violation of California Civil Code §§ 1941.1 and 1942.
CRITICAL DEFECTS:
1. NO HEATING: The furnace has been completely non-functional since [Date]. Despite temperatures dropping to [X°F], the unit has no source of heat. I first reported this emergency on [Date] via [method]. Your maintenance staff inspected on [Date] but did not complete repairs.
2. HOT WATER FAILURE: The water heater failed on [Date], leaving the unit with no hot water for [X days]. This makes basic hygiene and dishwashing impossible.
3. SEWAGE BACKUP: On [Date], the toilet backed up, causing raw sewage to overflow onto the bathroom floor. The toilet remains non-functional, and the unit has only one bathroom.
I have been forced to [stay with family/in a hotel/use space heaters at significant cost] due to these conditions.
HEALTH & SAFETY IMPACT:
These conditions pose immediate health and safety risks:
• Lack of heat in winter violates basic habitability standards
• No hot water prevents proper sanitation and hygiene
• Sewage backup creates biohazard exposure risk
PRIOR NOTICE:
I have made the following repair requests:
• [Date]: Reported no heat via [method]
• [Date]: Reported water heater failure via [method]
• [Date]: Reported sewage backup via [method]
DEMAND FOR IMMEDIATE REPAIR:
California law requires you to provide functional heating, hot water, and plumbing facilities. I demand that you immediately arrange for emergency repairs to restore these essential utilities within 48 hours of receipt of this notice.
REMEDIES:
If these repairs are not completed within 48 hours, I will immediately:
• Hire licensed contractors to make emergency repairs and deduct the full cost from my rent
• Withhold all rent until the unit is habitable
• File an emergency complaint with [City] Code Enforcement and request an immediate inspection
• Relocate to alternative housing and deduct the cost from my rent
• Pursue legal action for breach of the warranty of habitability, including damages for my out-of-pocket expenses, alternative housing costs, and attorney fees
I have attached photos documenting these conditions and copies of my prior repair requests.
Please respond immediately with your repair plan.
Sincerely,
[Your Signature]
[Your Printed Name]
CC: [City] Code Enforcement Department
Образец 3: Заражение вредителями и структурные дефекты
[Your Name]
[Your Address]
[City, State ZIP]
[Phone]
[Email]
[Date]
[Landlord Name]
[Landlord Address]
RE: Notice of Habitability Violations – Pest Infestation and Structural Defects
Property: [Rental Address]
Dear [Landlord Name]:
I am writing to notify you of serious habitability defects at [Rental Address] that violate California Civil Code §§ 1941 and 1941.1. Despite multiple repair requests, these conditions have not been remedied.
DEFECTS REQUIRING REPAIR:
1. RAT INFESTATION: Over the past [X weeks/months], I have observed rats in the kitchen, living room, and bedroom. I have found rat droppings on countertops, in cabinets, and along baseboards. The infestation is caused by structural gaps where pipes enter the unit and holes in the exterior walls. I first reported this on [Date].
2. COCKROACH INFESTATION: The unit has a severe cockroach infestation, with roaches visible daily in the kitchen and bathroom. I have used over-the-counter pesticides, but the infestation persists due to structural defects and plumbing leaks that create moisture.
3. BROKEN WINDOW: The bedroom window has been cracked since [Date], allowing cold air, moisture, and insects to enter. I reported this on [Date], but it has not been repaired.
4. EXTERIOR DOOR LOCK FAILURE: The front door lock is broken and does not fully latch, creating a serious security risk. I reported this safety hazard on [Date].
Under California Civil Code § 1941, you are required to maintain the premises "free from debris, filth, rubbish, garbage, rodents, and vermin." Civil Code § 1941.1 requires effective weather protection and secure locks.
DEMAND FOR REPAIR:
I demand that you complete the following repairs within 14 days of receipt of this letter:
• Hire a licensed pest control company to exterminate rats and cockroaches and seal all entry points
• Repair or replace the broken bedroom window
• Repair or replace the front door lock
• Inspect and seal all gaps, cracks, and holes in walls, floors, and around pipes
DOCUMENTATION:
Attached are photos showing rat droppings, cockroaches, the broken window, and the defective door lock, as well as copies of my prior repair requests.
REMEDIES:
If you do not complete these repairs within 14 days, I will:
• File a complaint with [City] Code Enforcement
• Hire licensed contractors to complete repairs and deduct the cost from my rent (up to one month's rent per Civil Code § 1942)
• Pursue legal action for breach of habitability, including damages and attorney fees
Please confirm receipt and provide a repair schedule within 5 business days.
Sincerely,
[Your Signature]
[Your Printed Name]