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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I have owned a rental home in upstate California since 1989.

Customer Question

I have owned a rental home in upstate California since 1989 . It was built in 1938. It is a beautiful home. I have spent a lot of money restoring it to its former glory. It has never had window screens. I feel installing permanent window screens will detract from the beauty and originality of the home, therefore the value of the home. After living in the home for 4 months, my new tenants are threatening legal action if I do not install full window screens. I have offered to buy them the adjustable, removable screens for summer ventilation (our high summer temperatures in Northern Calif. are in the 60-70* range) . . but they have refused my offer and are withholding their rent until I comply. What are my legal rights as the owner of the home. Is my home grandfathered against the California law requiring full window screens ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Would you happen to have a direct reference to any law that requires window screens?

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I have reviewed the CA Civil Code and Health and Safety Code regarding habitability requirements and it only states this:

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1941.1.

(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:

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

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It states nothing about window screening..

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If you can tell me what city you are in, this might be a local ordinance..

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thanks

Barrister

Expert:  Barrister replied 1 year ago.

Just to let you know, I have still been researching and can find nothing under CA State law that requires window screens. So if a law exists, it must be a local ordinance so I would need to know your city to look into that..

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thanks

Barrister

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