When people plunk down $3,000 for a security deposit and first month's rent on a lease, most would expect to move into a plush, spacious multi-room paradise. For most Californian's however, this rate will only get you a small, cockroach infested, one bedroom apartment with leaky roofing.
Rents in California may be outrageous – but the law requires that all landlords keep their property "habitable". This means that there is a minimum level of maintenance and upkeep that is the landlord's duty to maintain and repair if he wishes to rent out the property.
Oftentimes, people get confused about which things the landlord must repair versus the things that the renter must repair.
California law provides that a residential landlord must, at the very least, make sure all of the following is in good working condition:
1. Primary utilities including gas, hot and cold water, electricity with proper wiring and lighting fixtures, as well as plumbing facilities.
2. The ceiling, walls, windows and doors must be weatherproofed and free from excessive cracks.
3. Heating mechanisms.
4. Telephone jacks.
5. Dead-bolt locks on the main entrance door.
Furthermore, the landlord must keep the place free from bugs, rats, and the other usual critters that like to invade people's dwellings. The property must be clean and free from dirt, mold and garbage at the time of the renter's move in, and all common or public areas of the property must be kept clean at all times.
Stairs, railings, and public access ways must be kept safe and in good repair.
Proper locks must be maintained on all public gates and entrances.
If there is more than one rental unit in your building, then each one must also have a working smoke detector. All properties must be in compliance with fire code standards.
Each of these items must be in proper condition at the start of the lease and it is the duty of the landlord to repair them if they should become damaged through normal wear and tear.
Of course the landlord's duty in this area only applies if you use your facilities in a proper and reasonable manner. If you get drunk and smash up all the windows and water pipes in your apartment, it is you who will likely be responsible for the repairs. The law also does not require that the landlord take out your garbage for you and be your personal butler in order to keep the place clean. Once you rent the place, keeping things clean is your responsibility (just ask your spouse).
Bear in mind however, that this is only the minimum that the law requires. Tenants are free to come to separate enforceable agreements with their landlords to repair and maintain further aspects of the living environment such as dishwashers, washing facilities, pool heaters, etc.
This is not an exhaustive list of a landlord's responsibilities, but it gives you the first step in distinguishing between a landlord and a slumlord.
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[Note: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither the author, handelonthelaw.com, or any of its affiliates shall have any liability stemming from this article.]
