Landlord/Tenant Obligations

I am often asked about obligations and responsibilities between landlords and tenants. Where do we draw the line between routine maintenance, capital improvements and problematic conditions caused by tenant use. Below are a few helpful reminders regarding landlord vs tenant responsibilities when it comes to investment property.

Exiting Habitability Standards

Landlords have a duty to maintain habitability, which includes the following:

• Effective waterproofing of roof and exterior walls, including unbroken windows and doors.
• Hot and cold running water connected to waste systems
• Gas and heating facilities in good working order
• Electrical system, including lighting and wiring, in good working order
• Adequate trash receptacles in good repair.
• Maintaining a sanitary building free from debris, filth, rodents and vermin.
• Operable locks on doors and windows.
• Working smoke detectors and carbon monoxide detectors

Tenant Obligations

Tenants are required to take reasonable care of their rental units, and are responsible for damage caused by their neglect or abuse, and that of guests. Additionally, tenants must:

• Use and operate gas, electrical and plumbing fixtures properly (ie. Avoid overloading electrical outlets, avoid flushing foreign objects down the toilet, etc)
• Dispose of trash and garbage in a sanitary manner.
• Not destroy, damage, or deface the premises.
• Notify the landlord when locks don’t operate properly.
• Avoid conditions which could reasonably lead to mold and notify the landlord immediately if mold is suspected.

Having Repairs Made

If a tenant believes their unit needs repairs, which the landlord is responsible for, a tenant should:

• Notify the landlord by phone and in writing.

• If the landlord doesn’t make the requested repairs and doesn’t have good reason for not doing so, the tenant has remedies under CA law.

• Repair and Deduct - A tenant can deduct up to one month’s rent to repair defects in a rental unit which affect habitability (i.e. a leak in the roof during rainy season, no hot running water, or a gas leak). The tenant must first notify the landlord and give a reasonable amount of time for the repair. The damage must not have been caused by the tenant’s guests or pets to deduct rent.

• Abandon the Property - The tenant may move out. Defects must be serious and directly related to tenant health / safety.