Habitability Defense
We represent landlords facing habitability-related
defenses in affirmative lawsuits, rent abatement lawsuits, or tenant complaints.
Owning rental property in Los Angeles comes with risk—especially when tenants use habitability claims to delay eviction or avoid rent payments. While California law (Civil Code §1941.1) requires landlords to maintain safe, livable conditions, it also gives landlords a right to defend themselves when tenants exaggerate or fabricate those claims.
At the Law Office of Aaron Kohanim, we represent landlords facing habitability-related defenses in affirmative lawsuits, rent abatement lawsuits, or tenant complaints. We know how to fight back with evidence, legal strategy, and—importantly—how to step in when insurance companies deny coverage or refuse to get involved.
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What Is the Habitability Requirement?
Under California Civil Code §1941.1, a rental unit must be “fit for human occupation.” That includes:
- Effective waterproofing and weather protection
- Functioning plumbing and electrical systems
- Proper heating and sanitation
- Free from infestation or hazardous conditions
Tenants must also provide notice and a reasonable opportunity for you to repair the issue. If they never reported the issue—or refused to allow access—you may have a complete defense.
The elements of such an affirmative claim are the existence of a material (“substantial”) defective condition affecting the premises’ habitability, notice to the landlord of the condition within a reasonable time after the tenant’s discovery of the condition, the landlord was given a reasonable time to correct the deficiency, and resulting damages. (Quevedo v. Braga (1977) 72 Cal.App.3d Supp. 1, 7-8, 140 Cal.Rptr. 143 (Quevedo).
In addition, the violations need to be substantial. “Substantial breach” means the failure of the landlord to comply with applicable building and housing code standards which materially affect health and safety.
How Landlords Can Defend Against Habitability Allegations
A successful defense begins with documentation. Landlords should maintain records of:
- Regular maintenance and inspection efforts
- Work orders, vendor invoices, and repair timelines
- Tenant communications (texts, emails, repair requests)
- Written notices offering to enter the unit to make repairs
The Growing Problem: Insurance Companies Are Saying “No”
In recent years, landlord liability insurance providers have become more aggressive in denying habitability-related claims. We’ve seen insurers:
- Deny coverage based on alleged “wear and tear” or pre-existing conditions
- Refuse to appoint counsel in civil cases involving habitability
- Drop or refuse to renew coverage after a single tenant complaint
If your carrier won’t defend you—or is slow-walking your claim—you still have legal options. As private counsel, our firm steps in to protect your interests, mitigate damages, and take control of the litigation strategy.
You should not wait for the insurance company to act while your case progresses toward trial or default. A missed deadline or unprepared defense can cost you your property rights.
Strategies We Use to Defend Landlords
- Demanding repair access records and tenant communications
- Subpoenaing inspection logs and repair vendors
- Filing motions to strike untimely or unsupported claims
- Highlighting tenant bad faith, misuse of property, or retaliation tactics
We also help landlords navigate pre-eviction compliance, such as preparing proper notices, documenting repairs, and creating an airtight evidentiary record.
Why Private Counsel Matters
If your insurer won’t step in, or is dragging its feet, you need proactive, experienced legal representation. The Law Office of Aaron Kohanim is a trusted advocate for Los Angeles landlords. We’ve defended property owners across West Hollywood, Santa Monica, and the broader LA area from meritless tenant claims and bad-faith litigation.
We represent your interests—not the insurance company’s bottom line. Whether you’re mid-eviction or facing a tenant lawsuit, we step in fast, handle everything from discovery to trial, and work to preserve your property rights.
Call Us Today
Don’t let habitability claims take control of your case. If your insurer won’t act, we will. Contact us at Kohan-Law.com or call (310) 861-7506 for a consultation.