BoyesLegal Blog

Are attorney fees available for a tenant suing a landlord for breach of implied warranty of habitability, even if there was an oral rental agreement (no attorney fee provision), and in a separate civil action apart from an unlawful detainer proceeding?

 The following is from a 2003 case in Monterey, CA which provides some insight into the types of causes of action that can be asserted against a landlord for breach of the warranty of habitability:

"On March 7, 2002, Dino Jaramillo and Kim Jaramillo (the Jaramillos) filed a complaint against JH Real Estate Partners, Inc., JH Management Co., LLC, and United Dominion, later corrected to read United Dominion Realty, L.P. They alleged causes of action for general negligence, intentional tort, premises liability, breach of contract, breach of the implied warranty of habitability, and unfair business practices and false and deceptive advertising.

In the current economic climate, where foreclosures are increasing exponentially, there are those who would try to take advantage of homeowners who find themselves in dire straits.

Often a realtor, broker or other real estate entity (“equity purchaser”) will offer to bring the mortgage, or mortgages, current and to make monthly mortgage payments until the property is re-sold.  In return the homeowner is asked to transfer title to the property to the equity purchaser.  The “agreement” usually also sets forth some terms regarding how much money the homeowner might eventually receive from the equity purchaser.  In addition, the “agreement” often requires that the homeowner vacate the property within a couple of weeks.