How often can an apartment elevator be out of service?

Question

I am a disabled wheelchair user and I live on the third floor of an apartment building with an elevator. I am capable of walking, but not much, and climbing stairs is both extremely painful and dangerous, as my ankles can buckle. I typically don't bring my wheelchair into the building since the door doesn't stay unlocked long enough to wheel into the building. The elevator in my building goes out for 1 to 4 days at a time every couple of weeks. Last month it was out for 4 days and I had to crash on a friend's couch. I requested a cancellation of my lease renewal (signed 2 months ago for a lease term beginning in 5 months) because this is affecting my university attendance and my job, as well as causing me immense pain, but I was denied and told that they would only release me if someone agrees to take over my lease. I know from experience that they try to talk people out of taking over leases. They never communicate outages, even planned ones. Do I have any options?

James L. Arrasmith · Answer

Under California law, landlords are required to maintain rental properties in a habitable condition, which includes ensuring that essential services like elevators are operational, especially for tenants with disabilities. Frequent and prolonged outages of the elevator in your apartment building, as you've described, could be considered a failure on the part of your landlord to meet these obligations. This is particularly relevant given your specific needs as a disabled person relying on the elevator for safe access to your apartment. 
 
If you have already communicated your concerns to your landlord and they have not taken adequate steps to address the frequent elevator outages, you may have several options. One approach could be to contact a local tenants' rights organization for advice and possible advocacy on your behalf. These organizations can offer guidance on how to proceed, which might include requesting reasonable accommodations under the Fair Housing Act, considering the specific impact on your disability. 
 
Additionally, if the situation continues to impede your access to your apartment and negatively affects your quality of life, you might consider consulting with a legal professional about potentially pursuing legal action against your landlord. This could involve seeking a court order for the necessary repairs or possibly arguing for a constructive eviction due to the uninhabitable living conditions caused by the elevator's unreliability. Legal counsel could provide more personalized advice based on the specifics of your situation and the applicable laws.

Q: How often can an apartment elevator be out of service?