A landlord is the party that owns any type of property that is leased or rented. Any kind of property can be rented by the landlord including a house, condo, apartment, retail business, or other to an individual or business. The party renting the property is known as the lessee and the party renting the property is the landlord.
Right of Entry and Rights of Landlords
A landlord has the right to enter a tenant-occupied property under certain circumstances. This is known as right of entry.
Under the California Civil Code, a landlord must provide at least 24 hours advance notice to a tenant prior to entering the tenant’s property. This includes the following situations:
A landlord needs to make repairs or get a quote for repair services
A landlord needs to perform a property inspection or appraisal
A landlord wants to show the property to potential buyers
A landlord believes that a tenant has permanently vacated a property
A landlord has a court order
A landlord does not need to provide advance notice to a tenant if there is an emergency. For example, if the landlord believes a tenant is in danger or there is substantial water leaking from the tenant’s apartment.
Safety & Security
A landlord is responsible for upholding a property’s safety and security, both in individual units and common areas. Common areas include walkways, lobbies, entries, sidewalks, and parking lots or garages.
Each individual unit must have the following:
A deadbolt lock for the entry door
Locking mechanisms for all windows
Functioning emergency components (i.e. smoke and carbon monoxide detectors)
Proper lighting
It is also a landlord’s responsibility to confront and potentially remove tenants who pose a threat to other tenants, or whose actions may result in the pain or suffering of another tenant or damage to the property.
Covenant to Repair
The covenant to repair refers to an agreement between a landlord and a tenant to keep a rented property in good condition.
If a landlord receives a tenant complaint about a problem, the landlord must investigate the claim. A landlord is responsible for repairing any aspects of a property that do not adhere to minimum safety standards or that make the property uninhabitable.
A tenant does not have the right to interfere with repairs to a property. For example, if an electrical outlet short-circuits in a tenant’s unit, the tenant cannot stop a landlord’s good faith efforts to repair it.
If a landlord does not fix a tenant’s problem in a timely manner, a tenant can propose his or her own repairs. A landlord must approve a tenant’s proposal for repairs, however. This is because a landlord may wish to obtain services from a place of personal preference. This also deters tenants from using subpar contractors or materials.
Alterations and Repairs to Property
A landlord must approve or disapprove a tenant’s proposed repairs within a reasonable timeframe, typically 30 business days. If a landlord does not address a tenant’s problem within 30 days, a tenant has the right to use one month’s rent towards repairs. A tenant can deduct a maximum of two month’s rent towards repairs a year.
A tenant may also renovate or make additions to a property. These are also subject to a landlord’s approval.
If a tenant feels that his or her concerns are not being properly addressed, the tenant should contact the local Building Safety Department, Building Inspection Department, or Health Department. If a tenant is having difficulty reaching the necessary department, the tenant should go to the local city office and speak to Registrar’s Office.
A landlord does not have the right to retaliate against a tenant for making complaints to the landlord, other tenants, or the city.
Implied Warranty of Habitability
A landlord must uphold all local, state, and federal building and safety codes, even if such provisions are not expressly included in a lease agreement.
Landlords are also expected to uphold an implied warranty of habitability. An implied warranty of habitability promises that a property is habitable in its current condition. It is a landlord’s responsibility to meet the basic living standards of a reasonable person.
A landlord’s specific responsibilities for ensuring habitability in residential real estate are found in Civil Code Section 1941.1. They include:
Safe, functioning gas facilities
Safe, functioning heating and cooling system
Safe, functioning electrical system (including wires)
Functioning plumbing facilities
Functioning smoke detectors
Locked mail area
Adequate garbage disposal (i.e. bins, dumpsters)
Flooring, railing, and staircases are built and maintained to city codes
Functioning water system, including hot and cold running water
Roof does not leak
Lighting meets minimum standards
Waterproofing and weather protection
No pests, mold, or other potentially harmful elements
Property maintenance (such as trees, brush)
Windows are sealed
If a landlord breaches the implied warranty of habitability, the landlord must promptly resolve the issue.
Constructive eviction refers to a situation in which a landlord fails to meet his or her minimum obligations towards a property and tenants.
Constructive eviction may apply if a landlord:
Interferes with a tenant’s legitimate use of a property
Fails to provide basic services (i.e. water, heat)
Fails to make necessary repairs after a written notice by a tenant (i.e. toilet, wiring, plumbing)
Alters a tenant’s property without advance warning
Unfairly threatens to remove a tenant
Attempts to push out a tenant with the goal of leasing a property to another tenant
An untenantable dwelling refers to a property that lacks basic utilities or is in such poor shape that a tenant cannot safely inhabit it. A property can be considered untenantable if it lacks water, working toilets, or possesses mold or hazardous substances.
A landlord of an untenantable property cannot collect rent payments, increase rental rates, or initiate an eviction process.
A tenant subject to an untenantable dwelling may terminate his or her lease without legal recourse from a landlord. A tenant can also remain on a property without paying rent or seek an unlawful detainer against a landlord.
