The right to a livable unit can’t be waived

Question: My daughter leased a place that needed a lot of work, but she agreed to take it “as is” and waive her rights to further repairs. Is that allowed?

Answer: No. Signing away or giving up a legal right -- in this case, habitability -- is illegal and unenforceable.

What is habitability? Basically, it means fit to be lived in.

All tenants have a basic right to a warranty or implied warranty of habitability. A warranty or implied warranty simply means a guarantee. For rental units that usually means a safe, livable and sanitary environment.

Some states or localities have a very detailed list of standards; others, virtually none. In California, state law offers a typical laundry list of rental habitability requirements, including:

* Buildings and grounds kept free of trash, rodents and other pests.

* Floors, stairways and railings maintained in good repair.

* Adequate containers for garbage.

* Effective weather protection and waterproofing of the roof and outside walls, including unbroken windows and doors.

* Safe and adequate heating.

* Plumbing, electricity and gas facilities in good working order.

* Electrical lighting and equipment (power plugs, for instance) that conform to the applicable law at time of installation and are maintained in good working order.

* Adequate hot and cold running water that is properly drained off-site.

* Deadbolt locks are required on certain doors and windows and must be functioning.

Some cities and counties have specific building, health or fire departments that can issue landlords a notice of re- pair. For example, the city of Los Angeles has established the Rent Escrow Account Program. Used when repairs ordered by building or health departments are not completed by the landlord, the program may require the owner to appear and explain the delay to the Department of Housing Production and Preservation.

An advisory committee can then decide if rents should be placed in a special city escrow account that restricts use of funds until all repairs are made.

Even when the law is less elaborate, the landlord is still required to keep the unit habitable at all times.

Even if a renter knew the unit was below code when he or she moved in, regardless of any conflicting lease provision, he usually has the right to demand it be brought up to habitable standards. That’s a basic right all tenants share.

Not sure of your rights? Start at the state level, since that usually offers the broadest base of tenant law. The Department of Consumer Affairs at www.dca.ca.gov/legal/landlordbook provides a great source with links to local information too.

Make repair and then deduct rent?

Question: My bedroom ceiling dripped for two years before my landlord fixed it. Now rain is dripping in the living room, and the landlord says to wait. Can I just pay someone to fix the leak and deduct it from the rent?

Answer: Leak or not, there are channels for having repairs done, the last being the “repair-and-deduct” remedy.

First, write a detailed letter to the owner or manager, explaining exactly where the leak is and when it occurs. Give a reasonable deadline for getting the work done, usually 30 days. Snap a few photos with a common item alongside for scale, such as a pen or piece of painters tape for measure. Follow up with a phone call to let the landlord know the letter was sent.

While damage always has to be repaired by the landlord, the landlord can charge the tenant if the problem was caused by tenant neglect or abuse. For example, if a tenant breaks a window, even though the owner is responsible for repairing the window, the cost can and should be paid by the tenant.

For repairs not caused by the tenant, at what point can “repair and deduct” be used?

In California, the problem or defect must be serious enough to affect the tenant’s health and safety, with the law limiting the cost of repair to a single month’s rent twice a year. Specialized notice requirements also apply.

Since holding back rent could lead to eviction, always check with an attorney, legal aid organization or tenants association before considering applying the repair-and-deduct remedy.

H. May Spitz is an L.A.-based freelance writer. Reader comments may be sent to hmayspitz@aol.com.