Repairs , Maintenance and Habitability
A Rental Unit Must Have:
- Effective weather and waterproofing of roof and exterior walls, including no broken doors and windows.
- Plumbing system in working order, including hot and cold water and a functioning sewage system.
- Gas and heating system in working order.
- Electrical system, including wiring and lighting, in working order.
- Clean and sanitary buildings, common grounds, free from garbage and pests.
- The owner must supply trash receptacles.
- Floors, stairways, and railings in good repair and well lit.
The Landlord Must Also Provide:
- A working bathtub/shower and toilet, located in a ventilated area.
- Natural lighting in every room or a fan for ventilation.
- All windows must be able to be opened at least halfway.
- Safe fire and emergency exits clearly marked.
- No combustible materials stored anywhere on the premises.
- Operable door locks and deadbolts on entry doors.
- In San Francisco, one smoke detector in each bedroom and in common areas.
- A landlord cited for a substantial violation cannot collect rent or take legal action against a tenant if the violation is unremedied for more than 30 days.
- Breach of a minor housing code or cosmetic issues are not sufficient to violate habitability.
Retaliation for Request of Repairs or Maintenance
California law presumes the landlord has a retaliatory motive, if after a tenant’s complaint concerning repairs or exercising any right by the tenant, the landlord terminates the tenancy. Some of the landlord actions that may be considered retaliatory are:
- Increasing the rent
- Any punitive action against the tenant.
- This presumption of retaliation extends for 6 months after exercising a tenant right.
Actions that Would not be Considered Retaliatory
- The tenant cannot be behind in rent for unrelated reasons
- The tenant cannot violate the terms of the lease.
If you as an owner or manager stay within these guidelines you should be able to avoid nuisance lawsuits and bitter landlord tenant relations.
REsourced from www.yourpropertypath.com
You
may republish this article, as long as you do not edit and you agree to
preserve all links to the author and www.yourpropertypath.com
