What to do when the landlord fails to maintain the property?

[tawnie]

Jurisdiction

California

What would be the best way to address the property maintenance with a landlord that fails to keep up the common grounds free of debris and yard upkeep?

I rent a one bedroom unit of a duplex which resides on a property which has a total of six units (3 duplexes). The duplex in which I live shares an enclosed front yard with chain link fence. There is a driveway leading into the back area which is used for tenant parking as well as the smaller duplex dwelling which does not have its own enclosed yard.

Lease agreement states:

Tenant shall irrigate and maintain any surrounding grounds, including lawns and shrubbery, and keep the same clear of rubbish or weeds, if such grounds are a part of the premises and are exclusively for the use of the Tenant.
​

If landlord is not in compliance with maintaining the property and keeping it clear of debris what would be the best way to approach the situation besides having to move out?

My current lease expires in September 2016. Landlord recently raised another tenants rent from $800 to $1000. He stated in his letter to tenant that he is raising the rent due to the increase in maintenance costs of the property of which he is referring to the repairs that were needed on a few units for example leaking roof, sinking floor, etc.

I have been mowing the lawn which is enclosed within the fenced front yard of the duplex in which I live. The yard is rather large in size so it takes me 1/2 a day to mow the whole thing. There are a lot of flying biting insects and ticks and if I left the yard as is the issue would be much more intense than it is at this time. I have found several live ticks inside of my home and I have a 1 year old boy.

I have been contemplating the maintenance issue for some time but I really don't want to move all over again. However, I really would like to live in a clean environment free of debris and the overwhelming abundance of flying, biting insects and ticks.

What is the best approach to address the problem?

 

[army judge]

There's no easy way to talk about some subjects.
The landlord knows what he or she is supposed to be doing.
If you bring this up, he or she will or could find ways to make your life miserable.
With six months remaining in your lease, and a looming rent increase, moving might not be such a bad idea.

If you ask the landlord to improve maintenance of the common area, don't expect results, expect retribution.

Your remedy, if the landlord ignores your plea, would be to litigate the landlord's alleged breach of the lease in some California courtroom.

If you go there, be prepared to prove, not merely assert the landlord's breach.

 

[adjusterjack]

What is the best approach to address the problem?

The first thing you do is make a careful study of your lease contract and the following Tenants Guide:

http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

It's one of the better guides because it cites statutes that you can look up at:

CA Codes (civ:1940-1954.1)

Once you have determined your rights under the law, if you want to pursue them you make all of your complaints in writing so you have a paper trail.

Always quote statutes directly instead of the guide because that's what you'll have to do if you are ever in court over this.

Pay particular attention to the "repair and deduct" method. That's probably the best way to get the landlord's attention but also the riskiest so you want to follow the proper procedures to the letter.