Q: As a tenant, what rights do I have to have our property management company fix issues on a rental?
The issues are below, we are paying full market rate for the property-
1-Water softener system for the house does not work and needs replacing. They knew this prior to renting to us but did not disclose it. the water coming out of all the faucets is murky and has a green mold like substance in it. Not documented/disclosed in lease.
2- There are the owners personal belongings taking up 20% of the garage. This was disclosed to us verbally prior to the lease agreement but said it would be moved, they have since told us the property will remain there. There is nothing in the lease that documents the personal belongings.
3- The kitchen vent does not work. They said they would try and fix it prior to the lease agreement but have now said nothing can be done and it is "as is" We now have no way of using the kitchen stove without filling the house with smell/haze when cooking. This part was documented in the lease stating that the vent is "as is"
A:
You have the right to a habitable premises as described in the Civil Code 1941-1941.1. Some of the things you describe impact the issue of habitability. First thing you need to do is to provide the management company with notice that the things need to be remedied, and to provide them with a reasonable time to do it, then you can resort to a "repair and deduct" which is also permitted by law. Your notice should advise the Management Company that you intend to resort to repair and deduct unless the repairs are effectuated. When the time expires you should hire tradesmen to do the repairs and submit the bills to the management company along with the balance of a month's rent. You can do this up to twice a year. As for the owner's property, you need to advise them you are considering it abandoned property and will be disposing of it after 30 days. You are best advised to hire an attorney to deal with all of this and to request a rent abatement for the time that the water and kitchen were not properly operating.
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