What you must repair and how quickly depends on the situation. The key issues are whether the broken item makes the unit uninhabitable and the effort you’re using to try to get it fixed. If the unit is furnished, you may want to fix something that may endanger the health of a tenant or their guests as soon as possible.
Repairs and Habitability
A rental unit needs to be fit to live in or habitable. The unit must be the following:
- Fit for occupation by human beings
- It substantially complies with local and state building and health codes that materially affect the tenants’ health and safety
State law makes both landlords and tenants responsible for some repairs. Landlords are ultimately responsible for ensuring their rental units are habitable.
A landlord must ensure a unit is habitable before renting it, and during the lease term, repairs must be made to prevent the unit from becoming unfit for living. There is an “implied warranty of habitability” for California rental properties. This means that the landlord:
- Must repair substantial defects
- Avoid substantial failures in complying with state and local building and health codes
- Need not repair damage caused by the tenant, their family, guests, or pets
- Must complete necessary maintenance to keep the rental habitable
The unit isn’t uninhabitable because:
- The unit is imperfect and not so aesthetically pleasing
- There are minor housing code violations that don’t affect habitability
Your rental agreement normally determines whether you or your tenant are responsible for making less serious repairs. For example, it might cover a washing machine, a refrigerator, or another amenity that doesn’t affect the unit’s habitability if it’s not working correctly.
Depending on the situation, an item may or may not impact habitability. For example, air conditioning failing in mid-August is a bigger problem than if it happens in May.
Common Sense Repairs
Whether you’re required by law to fix something quickly or whether it’s just common sense to do so can be two different things. Investing time and money to make repairs makes sense if you have a good relationship with a long-term tenant.
Minor problems for the tenant, like a leaking roof or window, dripping pipes, or electrical outlets that suddenly don’t work could lead to major problems for you if they’re not addressed quickly. If the unit is furnished with lamps or appliances that short out or shock people, that’s something worth addressing as soon as possible.
You should make good faith efforts to fix items in your units. How you budget your time can be linked to the importance of the repair. If you must hire someone else for the repair and contractors are unavailable, get help as soon as possible. Explaining the situation to the tenant and showing you’re doing your best should ease the situation.
Tenant Remedy: Repair and Deduct
If a repair is taking a substantial time, you risk the tenant paying for it themselves and deducting the cost from the rent. This can be done if the cost is less than a month’s rent and the broken item impacts the tenant’s health and safety and the unit’s habitability. If the repair isn’t serious, you can sue the tenant to recoup that money or start eviction. Given the situation, you’ll have to decide if these steps are warranted.
The Repair Timeline Sliding Scale
The bottom line for when to make repairs is there’s no bottom line. How quickly something should be repaired depends on whether:
- It threatens the unit’s habitability
- What’s going wrong can cause you or the tenant severe problems if left unaddressed
- It’s an inconvenience for the tenant but nothing critical to living in the unit
- You need to maintain a positive relationship with the tenant
- You must hire someone else for the work, and their availability
If you have any questions about repairs and habitability, call us.
We’re Here to Help
If you’re a residential landlord with questions or concerns about repairs, habitability, and your tenant or need representation in a repair-related matter, call the AWB Law, P.C. team at (949) 244-4207 or complete our online contact form today. We can advise you on protecting your rights and ensuring your actions comply with applicable laws and city ordinances.
