How to Address Ceiling Collapse as a Tenant
What are the Causes of Ceiling Collapse?
Ceiling collapse can be caused by a variety of factors, but some of the most common causes include:
Improper plumbing fixtures
Incorrect use of the roof and attic area
Inappropriate materials used in the building of the roof
Signs of a Collapsed Ceiling
As ceiling collapse can be extremely dangerous to tenants, and costly to fix, it is important to notice the biggest signs of ceiling collapse, including:
Sagging or dropping of the plasterboard
Visible cracks in the ceiling
Small circles popping out of the ceiling
Loud cracking sounds coming from the ceiling
Landlord’s responsibilities in cases of ceiling collapse?
In the state of California, landlords are given the majority of the burden in ensuring a comfortable living environment for their tenants. Civil Code 1941.1 outlines that landlords must make living spaces “habitable,” which includes anything from getting rid of black mold to, of course, preventing more serious occurrences like ceiling collapse.
Specific to preventing collapsed ceilings, landlords are required to make sure that ceilings, floors, walls, and other structural elements of the house are fully intact. They are also required to ensure that all plumbing fixtures are in order.
Tenant’s Rights when dealing with Collapsed Ceilings?
California’s Civil Code 1942 allows tenants to move out without any notice in cases where they are forced to live in “inhabitable conditions.” However, since this strategy can be risky, in the case that the landlord sues and the court takes the landlord’s side, it is recommended that tenants send a letter to their landlords to address such issues.
Tenants are also able to employ a strategy called “repair and deduct,” in which they can write a letter about their habitability issues to the landlord. If the tenant waits a reasonable amount of time for the repairs to begin (approximately 3-4 days,) and no improvements occur, tenants are entitled to hiring their own repairman and making the deductions from their rent check in order to pay for this repair.
Tenants Law Firm is a 501(c)(3) non-profit organization that aims to help tenants navigate these issues, and more. Contact us for a free consultation through our website or call us at (310) 432-3200.