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| Renting and Leasing |
California law makes landlords and tenants each responsible for certain kinds of repairs, although landlords ultimately are legally responsible for assuring that their rental units are habitable. Before renting a rental unit to a tenant, a landlord must make the unit fit to live in. In addition, while the unit is being rented, the landlord must repair problems that make the rental unit unfit to live in. On the other hand, tenants are required by law to take reasonable care of their rental units, as well as common areas such as hallways and outside areas. Tenants must act to keep those areas clean and undamaged. Tenants also are responsible for repair of all damage that results from their neglect or abuse, and for repair of damage caused by anyone for whom they are responsible, such as family, guests or pets.
SECURITY
Although there are some specific exceptions, under California law, a dwelling must be equipped with security devices, such as window latches; keyed deadbolts on exterior doors; sliding-door pin locks, handle latches or security bars; and door viewers. These devices must be installed at the landlord’s expense. If such devices are missing or are defective, you have the right to request their installation or repair.
ADDRESSING REPAIR ISSUES
Most apartment complexes employ full-time maintenance workers to handle the repairs and perform preventive maintenance, with some offering 24-hour emergency-repair services. If leasing from an owner, be sure to establish the responsibilities for repairs and maintenance.
Depending on your lease, the owner may or may not be responsible for minor problems, such as leaky faucets or issues with appliances. However, if the landlord will not make repairs needed to protect your health, safety or security and you follow the procedures required by law, you may be entitled to make the following remedies:
— Repair and Deduct Remedy
This allows a tenant to deduct money from the rent to pay for repair of defects in the rental unit that make for substandard conditions that affect the tenant’s health and safety that an unrelated to activities of the tenant, guests or pets. In addition, the repairs cannot cost more than one month’s rent, and the remedy cannot be used more than twice in any 12-month period. Risks involved with this remedy may be that the defects may not be serious enough to justify the tenant’s action, so make sure it is necessary. Following are the basic steps for employing this remedy:
— Abandonment Remedy
This remedy allows the tenant to abandon (move out of) a defective rental unit when the repair of the defects would cost more than one month’s rent and involve substandard conditions that affect the tenant’s health and safety that an unrelated to activities of the tenant, guests or pets. After abandonment, the tenant is not responsible for paying further rent. Risks involved with this remedy may be that the landlord will sue the tenant to collect additional rent or damages if the defects are found not to be serious enough to warrant abandonment. Following are the basic steps for employing this remedy:
— Rent Withholding Remedy
This remedy is allowed by law so the tenant can withhold some or all of the rent if the landlord does not fix serious defects that involve substandard conditions that affect the tenant’s health and safety that an unrelated to activities of the tenant, guests or pets and the defects are more serious than would justify use of repair and deduct or abandonment remedies. Risks involved with this remedy may be that the landlord will sue the tenant to collect the rent or damages if the defects are found not to be serious enough to warrant withholding that rent.
AVOIDING PITFALLS
You may experience these additional problems:
Deposit recovery. Most landlords require you to pay a security deposit to cover any repairs needed when you move out or your failure to pay the last month’s rent. By law, landlords cannot refuse to return the deposit. If you give your landlord your new address in writing and you do not receive your deposit or an explanation within 21 days of your departure, contact the landlord. If you cannot resolve the problem satisfactorily, you may wish to consult an attorney.
SECURITY
Although there are some specific exceptions, under California law, a dwelling must be equipped with security devices, such as window latches; keyed deadbolts on exterior doors; sliding-door pin locks, handle latches or security bars; and door viewers. These devices must be installed at the landlord’s expense. If such devices are missing or are defective, you have the right to request their installation or repair.
ADDRESSING REPAIR ISSUES
Most apartment complexes employ full-time maintenance workers to handle the repairs and perform preventive maintenance, with some offering 24-hour emergency-repair services. If leasing from an owner, be sure to establish the responsibilities for repairs and maintenance.
Depending on your lease, the owner may or may not be responsible for minor problems, such as leaky faucets or issues with appliances. However, if the landlord will not make repairs needed to protect your health, safety or security and you follow the procedures required by law, you may be entitled to make the following remedies:
— Repair and Deduct Remedy
This allows a tenant to deduct money from the rent to pay for repair of defects in the rental unit that make for substandard conditions that affect the tenant’s health and safety that an unrelated to activities of the tenant, guests or pets. In addition, the repairs cannot cost more than one month’s rent, and the remedy cannot be used more than twice in any 12-month period. Risks involved with this remedy may be that the defects may not be serious enough to justify the tenant’s action, so make sure it is necessary. Following are the basic steps for employing this remedy:
- The tenant must inform the landlord, orally or in writing, of the repairs that are needed.
- The tenant must give the landlord a reasonable period of time to make the repairs. Usually the law considers this to be 30 days, but the period may be shorter due to the nature of the defect.
- If the landlord doesn’t make repairs within the reasonable period, the tenant can make the repairs or hire someone to do it then deduct the cost of the repairs from the rent when it is due. Keeping receipts is required.
— Abandonment Remedy
This remedy allows the tenant to abandon (move out of) a defective rental unit when the repair of the defects would cost more than one month’s rent and involve substandard conditions that affect the tenant’s health and safety that an unrelated to activities of the tenant, guests or pets. After abandonment, the tenant is not responsible for paying further rent. Risks involved with this remedy may be that the landlord will sue the tenant to collect additional rent or damages if the defects are found not to be serious enough to warrant abandonment. Following are the basic steps for employing this remedy:
- The tenant must inform the landlord, orally or in writing, of the repairs that are needed.
- The tenant must give the landlord a reasonable period of time to make the repairs. Usually the law considers this to be 30 days, but the period may be shorter due to the nature of the defect.
- If the landlord doesn’t make repairs within the reasonable period, the tenant must notify the landlord in writing of their reasons for moving and then actually move out, returning all keys to the landlord. Keeping a copy of the notice is highly recommended.
— Rent Withholding Remedy
This remedy is allowed by law so the tenant can withhold some or all of the rent if the landlord does not fix serious defects that involve substandard conditions that affect the tenant’s health and safety that an unrelated to activities of the tenant, guests or pets and the defects are more serious than would justify use of repair and deduct or abandonment remedies. Risks involved with this remedy may be that the landlord will sue the tenant to collect the rent or damages if the defects are found not to be serious enough to warrant withholding that rent.
- The tenant must inform the landlord, orally or in writing, of the repairs that are needed.
- The tenant must give the landlord a reasonable period of time to make the repairs. Usually the law considers this to be 30 days, but the period may be shorter due to the nature of the defect.
- If the landlord doesn’t make repairs within the reasonable period, the tenant can withhold some or all of the rent until the landlord makes the repairs. The tenant must save the withheld rent money and not spend it with the full intention of paying it when the repairs are made.
AVOIDING PITFALLS
You may experience these additional problems:
Deposit recovery. Most landlords require you to pay a security deposit to cover any repairs needed when you move out or your failure to pay the last month’s rent. By law, landlords cannot refuse to return the deposit. If you give your landlord your new address in writing and you do not receive your deposit or an explanation within 21 days of your departure, contact the landlord. If you cannot resolve the problem satisfactorily, you may wish to consult an attorney.
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