Who’s responsible for repairs? Usually, the landlord
One of the joys of tenant life is freedom from repairs and maintenance. But not every tenant enjoys freedom from repair aggravation. Some find their requests are ignored or the responses are delayed.
Tenant repair requests range from the legally required to the simply desired.
What landlord repairs are legally required? State and local housing standards vary, but all require “habitability.” More than just a non-leaky roof over your head, habitability means fit for occupation by human beings and in compliance with all health and safety codes.
California Civil Code details several basics, such as having hot and cold water, and plumbing in good working order. The Uniform Housing Code has more specific requirements, including water that heats up to 110 degrees Fahrenheit. Cold showers are a violation of any code.
Codes also require that floors, stairways and railings be maintained in good repair. Heating and lighting have to be kept in good working order. Common areas are to be rodent free.
Adequate weather protection is covered by state law, with broken doors and windows a violation of code. Since July 1, 1998, an operable deadbolt lock has been required on each swinging entry door. Sliding doors are exempt (they just have to lock), and double deadbolts are not permitted. Double deadbolts violate the fire safety code.
Tenants are required by code to notify an owner when a door or window lock becomes inoperable. Owners are to provide working smoke alarms and adequate trash containers.
Owners are required to make repairs in a reasonable time, which is not currently defined by State Civil Code. Basically, anything that affects habilitation, including health and safety, should be immediately requested for repair.
Tone and attitude go a long way to getting things done. Try the polite approach for requests. Be sure you communicate the problem clearly.
When you call for any reason, be specific. Explain exactly where and what the problem is, and when you prefer someone come to make the repair.
The sooner you get your message across, the sooner your problem can be fixed. If a verbal request is not fixed in a week, send a note to whomever the rent is paid.
Your lease may also detail repair requirements. Generally, if a unit is rented with working fixtures and appliances, they are to remain in good repair, compliments of your landlord. The tenant does have a duty per state law to not further abuse or dilapidate a unit or the fixtures.
Emergency repairs call for special treatment. In case of fire or burglary, dial 911. Define ahead of time with management where they can be reached in case of an emergency.
What counts as an emergency versus a casual problem? Water spewing out of control is a plumbing emergency, according to plumbing experts. The same idea applies to other scenarios. When the situation is out of control and may cause damage or injury, it’s usually an emergency.
Cosmetic repairs are rarely required unless they violate health or safety code, such as peeling lead paint. Local ordinances vary. If you want new carpet or paint, or any non-required change, consider splitting the cost with the owner. No matter what the repair, some owners wait for problems to accumulate before sending someone. Some mom-and-pop type owners don’t have the sources or resources.
If you trust someone to do a repair, ask the owner if they would prefer you take care of a specific problem. Get the answer in writing.
What if you ask for required repairs and are repeatedly ignored? State Civil Code 1942 provides a “repair and deduct” remedy. Details are complicated, but a basic overview can be accessed through the Department of California Consumer Affairs Web site at www.dca.ca.gov/legal. Local ordinances may have further detail. In serious cases, you may want to contact a mediator or legal professional.
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H. May Spitz is a Los Angeles-based freelance writer. Reader comments may be sent to hmayspitz@AOL.com.
