What Should You Do if Your Ceiling is Cracking?

What Causes Ceiling Cracks?

Ceiling cracks occur for a variety of reasons, but the most common reasons include:

● Foundation Settling: as your home ages, it settles further down into the soil, which in turn can cause cracks in ceilings and walls. This can quickly develop into a serious issue if not addressed promptly.

● Cosmetic Cracks: outer plaster work wear and tear can give the illusion of your ceiling being cracked, though it is usually not serious.

● Plumbing Defect or Moisture buildup: moisture buildup as a result of a plumbing defect can cause a ceiling to crack, and even collapse.

● Improper Wall Installation: usually affects drywall ceilings, as installers make the mistake of not properly taping the joints of the ceiling.

How do I Deduce the Severity of my Ceiling Crack?

The severity of your ceiling cracks depends on a number of factors; if the crack is accompanied by any form of sagging, the problem is likely more serious. The thinner and smaller the crack is, the smaller of a structural threat is poses as is, though multiple smaller cracks within one area may indicate a larger structural problem.

If the crack continues from a ceiling and down a wall, this usually is also indicative of a structural problem and should be addressed as soon as possible.

What are a Landlord’s Obligations in the Case of Serious Structural Damage

Within California’s Civil Code, Landlords are responsible for ensuring a living environment that is safe and “habitable”, in accordance with Civil Code 1941.1.

Ceiling cracks fall into the same category, as landlords are obligated to make sure that both ceilings and walls are fully intact alongside and that plumbing facilities are maintained and working properly. If your crack is caused by plumbing defects, then it also falls in line with a possible violation of Civil Code 1941.1, given that it is not addressed promptly.

California Supreme court decision Green V. Superior Court (1974) states “all leases and rental agreements are deemed to include an implied warranty of habitability”, which ultimately means that disregarding when a tenant has moved into a rental or lease agreed space, they have the right to live in a space that is deemed habitable. This applies in instances where tenants move into an inhabitable space as well; you may still take legal action if you request to your landlord that the dwelling be brought up to a code of habitability and if the landlord fails in doing so within a reasonable amount of time.

What are a Tenant’s Rights in the Case of Serious Structural Damage?

In the case of a landlord not sufficiently keeping your dwelling up to habitable code, it is best to contact them in writing, explaining your grievances in a straightforward manner. Always ask your landlord to respond to your request in a reasonable amount of time; around 5-10 days is standard. It is best not to withhold rent or attempt to “repair and deduct” (that is, a tenant hiring their own repair team and deducting the payment from the rent check) without first speaking to a consultant knowledgeable about the laws and regulations.

Tenants Law Firm is here to help. If you are in need of any legal assistance, contact us by calling (310) 432 - 3200 or by using this form.