Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)

Citation: Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)
Parent Document: Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)
Jurisdiction: California (state)
Effective Date: 2014-06-10
Original Source: https://www.courtlistener.com/opinion/2677838/erlach-v-sierra-asset-servicing-llc/ ↗

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nothing in Health and Safety Code section 17910 et seq. that supports Sierra's argument
that the red-tagging of a property terminates a lease. In fact, as we shall explain, there is
support for the contrary proposition; that is, that a tenancy survives the red-tagging of a
property.
       Throughout much of its argument Sierra conflates the right to occupy with the
right to maintain a tenancy. A tenancy is not terminated when a building inspector orders
the tenants to vacate the property due to unsafe conditions. Rather, pursuant to Civil
Code section 1941, with exceptions not relevant here, and Health and Safety Code
section 17980.6, the landlord must put the property into a condition fit for occupation and
repair all subsequent dilapidations.
       As our Supreme Court explained in City of Santa Monica v. Gonzalez (2008) 43
Cal.4th 905, "[s]ections 17980.6 and 17980.7 of the Health and Safety Code compose a
statutory scheme providing certain remedies to address substandard residential housing
that is unsafe to occupy." (Id. at p. 912.)
       Pursuant to Health and Safety Code section 17980.6, if any building is maintained
in a manner that violates the State Housing Law, or applicable building standards, rules,
regulations, or local ordinances and the violations are so extensive and of such a nature

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