Apartments come with a number of responsibilities. They require quite a bit of upkeep. With expenses arising, it may be difficult to decide who should cover certain repairs. Fortunately, in the state of California, there are guidelines on what repairs fall under the jurisdiction of the landlord and the responsibilities of the tenant.
Roofing
The landlord is required to keep the property in a habitable state. That includes waterproofing the outside of the property including the roof. If a tenant notices that the roof is making them unsafe or if it violates any health and safety codes, they should send a written notice to the landlord. Once there is no response or action from the landlord, the tenant can repair whatever issue provided it is not more than the monthly rent. They can deduct the costs from the rent. A tenant only has 30 days from the time they notified the landlord to do this. If they cannot do this during the 30-day timeframe, they will have to prove why. The tenant can also leave the unit because it is unfit to live in and they do not have to pay any additional rent. If the problems in the property are due to the tenant’s negligence, they cannot repair or vacate the property. However, they are only able to leave twice during a twelve-month period.
Utilities
Electrical problems can cause a fire if left unresolved. Landlords are generally in charge of arranging repairs when something goes faulty with the electrical system. A tenant should send them written notice. If the landlord does not make the necessary arrangements to repair electrical work in a timely manner the tenant can vacate the property or repair the issue and deduct it from their rent for the month. If the landlord was negligent and this leads to an electrical fire, he is responsible for any medical bills, moving costs, property loss, and rent for the replacement apartment a tenant may incur. A tenant has two years to file this claim. They will have to prove the fire was due to the landlord’s negligence. They may have to hire a private fire investigator.
Walls and Flooring
A tenant is not responsible for normal wear and tear like scuff marks. However, they are responsible for holes in the wall or any marker drawings on the wall. They are also responsible for any large carpet stains, rips, as well as burns. Walls should be painted every two or three years. A landlord may paint walls in between rentals. If a tenant has been living in an apartment for more than three years, the repainting of the apartment is free for normal wear and tear. A carpet has an 8 to 10-year life expectancy. So if the carpet has been there for 10 years, it can be changed with no charge to the tenant. The landlord cannot deduct these expenses from the deposit if the expenses are just normal wear and tear. They also cannot deduct the carpet’s replacement after 10 years.
In conclusion, a home must be in good condition when handed over to tenant. A landlord’s negligence may lead to major expenses. If a tenant does not use the appliances in the apartment properly, they may be liable for damages. Tenants have the right to repair and deduct after contact the landlord on health and safety issues in the apartment. A landlord cannot deduct expenses on normal upkeep of an apartment from the tenant’s deposit. Keeping these things in mind will help tackle the repairs of an apartment.
If your apartment has damages, and you’re not certain who should be held responsible for repairs, contact us today! Nowland Law is a licensed attorney with experience in Tenant Improvements.