As many housing providers and tenants have experienced when leasing residential property, sometimes issues pop up in the property that require repair. Some might be minor – such as fixing the pilot light on a stove burner; and others larger- such as remediating mold in a property. But whose job is it at the end of the day to make these repairs?
Without question, California law requires housing providers to be responsible for making repairs to the property when the tenant raises the issue, and to do so within a reasonable time frame. But what is considered a reasonable time? Unfortunately, the law does not define what a “reasonable” timeframe is, but completion within 30 days of receipt of the complaint is generally considered to be sufficient.
There are a limited number of instances where immediate (24 hours or so) repair is necessary, including issues with hot water, locking doors/windows, etc. Practically speaking, though, for most any issue at the property; the sooner, the better, to help eliminate any cause for concern or delay.
A housing provider’s’ duty is codified in Civil Code § 1941.1, which requires a housing provider to provide a habitable property to the tenant. If the housing provider does not provide any of the following to the tenant, then the property is considered uninhabitable and must be addressed immediately. And in some cases, may require the housing provider to temporarily vacate the property to fully address the defect as some repairs cannot be performed safely with the tenant inside the unit (see Civil Code § 1946.2(b)(2)(D)).
Here is a list of the basic necessities for a property to be considered inhabitable:
- Effective waterproofing
- Functioning plumbing
- Cold and hot water
- Functioning heat
- Functioning electrical
- Clean and sanitary building and grounds free of pests
- Available trash receptacles
- Safe stairways and handrails
- Available mail receptacle (Civil Code § 1941.1(a)(1)-(9)).
Does this mean tenants are not responsible for the property? Of course not. Tenants, like housing providers, have statutory duties as well as contractual duties via the lease agreement. Tenants are required to alert their landlord, or property management, of defects in the property that need repair. Furthermore, Civil Code § 1941.2 requires the tenant to keep the property clean and sanitary, free of garbage and rubbish, to properly use the electrical, gas, and plumbing fixtures in the property, to use the property as designated (i.e., to sleep and reside in the property), and to prevent third parties or guests from destroying, defacing, or removing any part of the property.
If your tenant won’t return your calls about scheduling the repairs or prevents your contractors from entering the property to make the repairs, Civil Code § 1954(a)(2) permits a housing provider to enter the property after posting a 24-hour written notice of entry to make necessary repairs.
Therefore, if you are unsuccessful at coordinating with the tenant to schedule a time for the vendor or contractor to make the repairs, then post a notice on the front door of the property notifying tenant that in 24+ hours, i.e. a specified date and time, that you and your vendor/contractor will be entering the property to make the repairs.
To help navigate these issues, we recommend that you consult with your landlord/tenant attorney to answer any questions you may have regarding who is responsible for making repairs.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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