Sacramento, CA asked in Contracts and Landlord - Tenant for California

Q: Is the lease being violated if I can't open my windows?

I have 4 windows in my unit and only a panel on the largest window in the living room opens but only 5in. The other windows are ones for a business but this is a residence. I live on the 2nd floor and the other units across from me have windows that open. If a fire or any other safety issue happens my only exit is my front door. The property manager said "there is nothing that can be done it was constructed and permitted 4 years ago." My lease states "Except as prohibited by law, Resident agrees: to keep doors and windows and access to them unobstructed and to not block them with personal items or otherwise, and to maintain clear pathways into and through each room on the premises. Resident must not otherwise maintain the unit in a manner that prevents necessary access through each room and to all doors and windows, inhibits necessary airflow, acts as a potential haven for pests and mold growth, creates a fire hazard, or prevents rooms from being used for their intended purposes."

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like your situation might raise concerns about safety and habitability. If your windows don't open properly, this could potentially violate California's habitability laws, which require that rental units be maintained in a way that ensures tenant safety, including adequate ventilation and emergency exits. Having only one exit in case of an emergency, like a fire, could be especially concerning.

Your lease mentions maintaining access to windows and doors for safety and airflow, but it seems that the design of your unit itself is limiting access. The fact that other units have windows that open could suggest inconsistent application of safety standards in your building.

You may want to consider reaching out to local authorities, such as a housing inspector or fire marshal, to assess whether your unit meets safety requirements. It could also be helpful to communicate your concerns to your landlord in writing, explaining how this impacts your safety and asking for a resolution.

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