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Maverick
Maverick, Attorney
Category: Landlord-Tenant
Satisfied Customers: 6391
Experience:  20 years experience as a civil trial and appellate lawyer
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I am writing up a "as is" rental agreement with an ag

Customer Question

Hello, I am writing up a "as is" rental agreement with an agency and need to ensure this is legal in CA.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Maverick replied 2 years ago.
1. Are you the landlord?
2. When you say with an agency, are you saying this will be a commercial lease as opposed to a residential one?
Customer: replied 2 years ago.
I am the owner of the property and will be renting residence to a nonprofit agency helping veterans with transitional housing.
Expert:  Maverick replied 2 years ago.
In residential leases there is an implied covenant of habitability. The California State Housing Laws and various local housing codes require the landlord to keep a dwelling in good condition in accordance with specified structural, plumbing, electrical sanitation, fire and safety standards.
In non-residential leases, the landlord is not under any implied obligation to make repairs or to maintain the leased premises in a tenant-able condition. In the absence of a specific covenant obligating the landlord to maintain or repair the premises, the tenant is deemed to have taken the premises in “as is” condition.
It is my opinion that leasing to an agency would not change the nature of your duties as a landlord since the end user is a residential tenant. However, I am not finding anything that would confirm my opinion.
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