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 a dilapidated and leaking roof that the landlord has not repaired or replaced for years. During every rainstorm, the roof leaks. Despite your prudence, the landlord has not made repairs to the dilapidated roof, and your home remains uninhabitable through no fault of your own. The dilapidated roof permitting water infiltration has been in this intolerable condition 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 dilapidated roof that fails to keep out the rain? At this point, the roof has become so deteriorated that you fear it may collapse. You begin to wonder; Does my landlord have to repair or replace a dilapidated and leaking roof?
Yes, your landlord has to repair or replace a dilapidated and leaking roof. Rivera v. Sassoon, (1995) 39 Cal. App. 4th 1045, 1047 (A dilapidated and leaking roof constitutes a breach of the warranty of habitability); California Civil Code § 1941.1(a)(1); California Health & Safety Code § 17920.3(b)(6), (7), (g)(2). Provided it is not de minimis (minor or not severe), a dilapidated and leaking roof that cannot provide weather protection constitutes a defective condition that substantially affects habitability. Id.; CACI No. 4350 (Additionally, CACI No. 4350 expressly references dilapidated and leaking roofs as constituting a condition that constitutes a breach of the warranty of habitability.). Thus, a substantially dilapidated and leaking roof is more than an inconvenience—it is a habitability concern that your landlord must remedy.
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 leaking roof.