Repairs, Maintenance Reporting problems

G

Greg G

New Member
Jurisdiction
California
Is there a California code that deal with a tenant's responsibility to immediately notify Landlord of any defects or dangerous conditions in and about the premises of which they become aware?

For example, if the tenant sees water leaking from the shower, is there a code that requires them to report it to the landlord right away?
 
Greg G said:
Is there a California code that deal with a tenant's responsibility to immediately notify Landlord of any defects or dangerous conditions in and about the premises of which they become aware?

For example, if the tenant sees water leaking from the shower, is there a code that requires them to report it to the landlord right away?
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Possibly, but if there was such a requirement, it would be unenforceable.

Why?

No one could PROVE when and IF a tenant observed any such defect or problem.

What you've posited about tends to have more to do with your lease, rather than with laws or ordinances.

Common sense would dictate that if a tenant observed a roach infestation, a broken toilet, or a faulty door lock; reporting such observation benefits both tenant and landlord.

It's better for society that we avoid the criminalization of everything, leaving most things to civil or contract law resolution, or common sense solutions.

Why do you inquire about reporting defects in one's rental unit to the landlord?
 
Greg G said:
Is there a California code that deal with a tenant's responsibility to immediately notify Landlord of any defects or dangerous conditions in and about the premises of which they become aware?
Click to expand...

Why don't you just tell us what's going on that gives rise to the question.
 
We had a tenant allow water to puddle outside of a tub and a shower (2 different bathrooms) and not report it. They say they didn't see it. This ongoing water leakage caused damage to baseboards, grout, and fixtures. Should the tenant be responsible for the cost of repairing the damage because they neglected to report the on-going presence of water on the floor?
 
Common problem. I used to have that all the time with my rentals. Tenants would hassle me for repairs if it affected them but wouldn't tell me squat if it affected me.

The CA landlord tenant statute allows you to charge the tenant for damage caused by the tenant (either by commission or omission) during his tenancy. But that's also covered by Common Law Negligence doctrine.

But to make that stick if it got to court you would have to prove that the tenant knew or should have known that the leak was occurring and doing damage, not just that there was a puddle on the floor.

Tough sell in court. And even if you win your chances of collecting from a tenant with no money and no insurance, well, you get the idea.

You have the option (for future tenants or for leases on expiration of current leases) of specifying the tenant's responsibility for reporting anything that goes wrong and being strictly liable for the cost of repairs for anything that goes wrong during his tenancy due to his failure to report.

That isn't likely to hold up in court either but might convince a tenant to be more diligent in reporting stuff. Unfortunately, that could be a two edged sword and you could end up with a tenant that reports every nickel and dime thing every week and expects you to get out of bed and come fix it. "Says here in the lease I have to do this or you'll charge me for it."

All I can tell you is that being a landlord comes with the risk that you are going to have lousy tenants that will cost you a great deal of money. If you aren't prepared for that, I suggest you unload the property on somebody who thinks rentals are the way to get rich. I learned otherwise and got rid of mine 18 years ago and never looked back.
 
Do you know the code section for "The CA landlord tenant statute allows you to charge the tenant for damage caused by the tenant (either by commission or omission) during his tenancy."?
 

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