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Christopher B, Esq
Christopher B, Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2982
Experience:  Litigation Attorney
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I moved into a condo using a management company and there

Customer Question

I moved into a condo using a management company and there are several different issues that have not been completed within the first 30 days do I have any rights
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Christopher B, Esq replied 1 year ago.

Thank you for your question.

What state are you located in?

Customer: replied 1 year ago.
California
Expert:  Christopher B, Esq replied 1 year ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

First of all, you yourself need to give the landlord or the management company WRITTEN notice of any repair that needs to be made. You need to review your lease and see what rights you have under the lease for remedies related to repairs and in turn, what the landlord is required to perform.

California tenants are legally entitled to rental property that meets basic structural, health, and safety standards and is in good repair. If a landlord fails to take care of important maintenance (such as a leaky roof or a broken heater), tenants may have the legal rights to:

(1) withhold rent

(2) pay for repairs themselves and deduct the cost from their rent (“repair and deduct”)

(3) call state or local building health inspectors

(4) sue the landlord, or

(5) move out without notice.

All landlords are legally required to offer livable or habitable premises when they originally rent a unit in California, and to maintain it in that condition throughout the rental term. According to state laws (Civil Code § 1941.1 and § 1941.3), at minimum every rental must have:

(1) effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors

(2) functioning plumbing, heating, and electrical facilities, including hot and cold running water and a working toilet and kitchen sink

(3) clean and sanitary building and grounds (that is, free of debris, filth, rubbish, garbage, rodents, and vermin), with adequate trash receptacles

(4) well-maintained floors, stairways, and railings

(5) deadbolt locks on certain doors and windows

(6) no lead paint hazards, and

(7) no nuisances, a catchall provision referring to something that is dangerous to human life, detrimental to health, or morally offensive and obnoxious, such as allowing drug dealing on the premises.

Other laws that cover a California tenant’s right to a fit and habitable dwelling include H&S §17920.3 (also known the State Housing Law) and the Uniform Housing Code, an industry code that is adopted by the state legislature and counties and cities. In addition, local governments have their own city or county building and housing codes (different from industry codes) that regulate structural aspects of buildings and establish minimum requirements for light, ventilation, heating, and the like.

Then best approach is to put every maintenance and repair request to your landlord in writing (even if you call or email first), specifically describing the problem, its effect on you, what you want done, and when. If a broken front door lock or loose step poses a health or safety threat, say so.

Keep notes of every written repair request, conversation, and email to and from your landlord. If you and the landlord agree on a plan of action, write down your understanding of the agreement and send a copy to the landlord. Also, keep copies of any evidence of the problem, such as a photo of a broken railing on the front steps. You may need all this if your landlord tries to evict you for nonpayment of rent.

If your persistent and businesslike requests for repairs are ignored, tenants in California have several options, of which the most effective include rent withholding and “repair and deduct.”

Rent withholding basically means that you stop paying rent to the landlord until the repairs are made. Before doing so, you need to make sure you meet the following prerequisites:

It’s a serious repair or habitability problem, not just annoying. There must be a true habitability problem that imperils your health or safety, such as a broken heater in the middle of a major cold spell, as opposed to a leaky faucet.

The problem must not be something that you or a guest caused, either deliberately or through carelessness or neglect.

You told the landlord about the problem and gave him or her a reasonable opportunity to fix it. Set a reasonable deadline and let the landlord know you intend to withhold rent if the problem is not resolved. California law gives landlords 30 days to fix habitability problems, less if the circumstances warrant prompter attention. A broken front door lock, for example, requires immediate attention, not 30 days.

You’ve withheld a reasonable amount of rent, relative to the problem. Unless you’ve had to move out because of an unfit rental, you are not entitled to stop paying rent entirely. You must pay the landlord the reasonable value of the rental in its unfit state or deduct rent based on the value of the part of the unit affected by the defect.

You’ve complied with any local laws on rent withholding—for example, a requirement (in a few cities) that you pay the withheld rent directly to a city escrow account.

Another powerful legal remedy under state law (Civil Code § 1941.1-1942.5) for getting a landlord to make major repairs in California is called “repair and deduct.” It works like this: If you have tried and failed to get your landlord to fix a serious defect that makes your rental unit unfit, you can hire a repairperson to fix it (or buy a replacement part and do it yourself), and subtract the cost from the following month’s rent. Certain conditions apply:

(1) You can’t spend more than one month’s rent.

(2) You can’t use the repair and deduct remedy more than twice in any 12-month period.

(3) You can’t have caused the problem, and it can’t be something that is your responsibility (such as taking out the garbage).

As with rent withholding, notify the landlord first and give him or her a reasonable amount of time to fix the problem before make repairs. Also, gather bids and collect pricing information before you hire someone, especially if the problem requires expertise, as would be the case with a major plumbing or electrical defect.

For an in depth discussion regarding many remedies under California law, please see link:

http://dca.ca.gov/publications/landlordbook/repairs.shtml

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site. (There should be smiley faces or numbers from 1-5 next to my answer, an excellent or good rating would be fantastic.)

Expert:  Christopher B, Esq replied 1 year ago.

I see you reviewed my answer, did you have any further questions? If not, please positively rate my answer as it is the only way I will be compensated by justanswer.

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