Banning, CA asked in Landlord - Tenant for California

Q: Riverside county CA - is a landlord required to make repairs during the 60 day notice to vacate?

Landlord served no cause notice to vacate. Tenant is being difficult and now sending laundry list of things "wrong" with the home after notice was served. Rental agreement states tenant is responsible for minor repairs and upkeep of the unit.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: In Riverside County, California, a landlord is generally obligated to maintain the rental unit in a habitable condition, even during a 60-day notice period. However, the extent of the repairs required depends on the nature of the issues and the terms of the rental agreement.

Here are a few key points to consider:

1. Habitability: The landlord must ensure that the rental unit meets basic habitability standards, such as having proper plumbing, heating, and electrical systems, and being structurally safe.

2. Minor repairs: If the rental agreement states that the tenant is responsible for minor repairs and upkeep, the landlord may not be obligated to address these issues, especially if they do not affect the habitability of the unit.

3. Timing of the complaint: If the tenant raises issues after receiving the notice to vacate, it could be seen as a retaliatory action. However, if the issues genuinely affect the habitability of the unit, the landlord should still address them.

4. Documentation: It is important for both the landlord and tenant to document any repair requests, along with the condition of the unit, in case of future legal disputes.

Ultimately, if the issues raised by the tenant are minor and do not affect the habitability of the unit, the landlord may not be required to make the repairs, especially if the rental agreement places this responsibility on the tenant. However, if the repairs are necessary to maintain the unit's habitability, the landlord should address them promptly, even during the notice period.

If there is a dispute, it is advisable to consult with a local landlord-tenant attorney or a local housing authority for more specific guidance based on the particular circumstances of the case.

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