When it comes to renting a place to live, there are plenty of gray areas regarding who is responsible for what. Here are some points of clarification
Condition of the property
Legally, the landlord is responsible for assuring the property is livable (legally known as the implied warranty of habitability, which is governed by California Civic Code 1941.2).
This includes things like functional windows and doors, a roof that doesn’t leak, access to hot and cold water, a working heating and air conditioning system, and functional plumbing, electrical, gas, and sanitation facilities. It also means having kitchen appliances that work, safe stairs and railings, and floors and walls that are clean and in good repair. The residence must also have smoke and carbon monoxide detectors, a mailbox, and outdoor trash cans for municipal waste pick-up. Landlords have 30 days to address problems with these areas.
Landlords must also disclose any pre-existing conditions that affect the habitability of a residence, including lead-based paint, asbestos and other known carcinogens, methamphetamine manufacturing, and death of a prior tenant (unless the tenant died from AIDS).
Repairs
If you are a tenant, ask your landlord for permission before doing any repair work. At Selzer Realty Property Management, we do not allow tenants to make repairs for two reasons. First, it’s not fair to expect tenants to fix a property they do not own. Second, we have no way to control the quality of a tenant’s workmanship, and that’s not fair to the property owner. Almost 50 years ago, I allowed a tenant to repaint the bathroom in the duplex they rented from me. She did not have the expertise nor the attention to detail to do a good job. The old paint was clearly visible through the new paint, and anywhere she could not reach, she just didn’t paint—including behind the toilet and around the toilet paper.
Sometimes when tenants do repairs, they make assumptions about how their time and effort will be repaid. Some expect to be reimbursed for the cost of the parts and their time. Others believe their rent should not be increased for at least a year. Often, after a tenant does a home repair, landlords must bring in professionals to undo the low-quality repair and redo the work. The cost to undo and redo the work costs more than if the landlord had simply hired a professional from the start.
Documenting the Condition
If you are a landlord who wants to be able to charge tenants for any damage they may cause, before tenants move in you must take “before” photos, so that afterwards you can compare them to “after” photos.
You should document the condition of floors, walls and ceilings; the inside and outside of closets, cabinets, and drawers; blinds, drapes, and other window treatments; doors and windows—and that’s just the indoors. Then, go outside and document all that. I believe the best way to do this is to make a video of the property, narrating as you go with information about the condition of paint, carpet, appliances, and fixtures. Mention cleanliness. Be sure to put the video and/or photos with notations where you can find them later.
Keeping a residence in good repair helps everyone, tenants and landlords alike. Tenants benefit from a nice place to live, and landlords maintain their investment in good condition.
If you have questions about property management or real estate, please contact me at rselzer@selzerrealty.com or call (707) 462-4000. If you have an idea for a future column, share it with me and if I use it, I’ll send you a $25 gift certificate to Schat’s Bakery.