Fridge on the fritz? Some tenants may be out of luck

Question: During the walk-through inspection of an apartment I’m considering, the manager said that if an appliance stops working, the management company would not repair or replace it. She said this would be part of the rental agreement. Is a management company allowed to take this position?

Answer: As long as this fact is written into the rental agreement, the management company is within its rights. Appliances are considered amenities and don’t need to be provided as part of a rental pursuant to the habitability rules.

If the appliances are listed in the rental agreement, then the management company is bound to repair or replace them. This is true even if the appliances are not listed in the agreement but the showing agent or manager states that the unit, for example, “comes with a dishwasher and garbage disposal.”

This is a direct representation of the owner or his agent as to the attributes of the unit on which rent is based, assuming you relied upon the statements in deciding to rent.

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Disabled renter seeks an AC unit

Question: I have a disability that worsens during hot weather. When this happens, my family moves me into an air-conditioned hotel for the duration of the heat spell. Are property owners required to provide air conditioners for disabled persons?

Answer: The short answer is no. However, if there are policies in place at your complex that prohibit the installation of window-mounted air-conditioner units, the management may be required as a “reasonable modification” to allow a disabled tenant to install an air conditioner for relief. However, the tenant would be responsible for the cost of purchasing and installing the unit and restoring the premises after the tenancy ends.

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Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale, CA 94087.