Your home, while not perfect, has been your sanctuary for years.  You’ve paid your rent, you’ve taken care of the unit, despite its many imperfections.  You’ve complained about habitability defects profusely, for years, including the a conspicuously dilapidated stairwell that the landlord has neglected for years.  Despite your prudence, the landlord has not made repairs, and your home remains uninhabitable through no fault of your own, including your broken and dilapidated stairwell.  The stairwell has been dilapidated for years.  However, you begin to feel that it is not fair.  Why should you, the upstanding & rent paying tenant, have paid rent for a home with a dangerous stairwell that poses a life and safety threat to you and your family members.  You could trip and fall down the stairs, which would undoubtedly cause you to suffer great peril.  You begin to wonder; Does my landlord have to repair or replace a dilapidated and neglected stairwell?

Yes, your landlord has to repair or replace a dilapidated stairwell.  Knight v. Hallsthammar, (1981) 29 Cal. 3d 46, 58 (Dilapidated stairwell not maintained in good repair constitutes a breach of the warranty of habitability); California Civil Code § 1941.1(a)(8); California Health & Safety Code § 17920.3(b).  Provided it is not de minimis (minor or not severe), a dilapidated stairwell with broken floorboards, protruding nails, and other hazardous issues constitutes a defective condition that substantially affects habitability.  Id.; CACI No. 4350 (Additionally, CACI No. 4350 expressly references defective stairways as constituting a condition that constitutes a breach of the warranty of habitability.).  Thus, a substantially dilapidated stairwell is more than an inconvenience—it is a habitability concern that your landlord must remedy.

It is important to note here that your landlord cannot charge you to repair or replace the dilapidated stairwell, except instances where you or your guest intentionally caused the damage.

Repeated complaints and broken promises should not define your experience at home.  When habitability defects persist and requests for repairs go unanswered, pursuing a habitability claim may be an important step toward holding those responsible accountable and seeking compensation for the harm you have suffered.  Your complaints, photographs, inspection reports, and records of losses can help tell that story, and help you as you litigate your timely filed breach of the implied warranty of habitability claim (not making repairs) in a court of law, including for a dilapidated and neglected stairwell.