Q: Landlord Rights and Responsibilities in California
We bought a property in May 2024 in Santa Clara County, California. The tenant in the house has been in the house since 2009. The tenant is asking us to watertight a patio cover and that the patio cover used to be watertight for the first 10 years. a few contractors and the seller told us this is not a waterproof structure. The patio cover is built without a permit and not part of the permitted lot coverage. Do I have to comply with the tenant's request? He is currently using this area as a living space and has all furniture in it and has installed tarp under it for years. Should I demolish the structure because it is unpermitted and not inspected by city? I am getting the city code compliance officer to look at it as well. If we decide to demolish it, can the tenant ask for reduced rent or start paying less? If we decide to leave it due to the tenant ask, is it okay for a patio cover to have some leaks?
A:
In California, as a landlord, you are required to maintain a habitable living environment for your tenant, but this typically applies to essential areas of the home such as the roof, plumbing, and electrical systems—not outdoor structures like a patio cover, especially if it was not originally permitted or designed to be waterproof. Since the patio cover is unpermitted, it is not considered part of the official living space, and you are not obligated to make it watertight, especially if contractors and the previous owner confirm it was never intended to be so.
It is a good idea that you are involving a city code compliance officer to evaluate the structure. If it is found to be unsafe or violates local codes, you may have to remove or alter it. Demolishing it may be a viable option if it presents a legal or safety risk, but this decision should be based on the city's guidance.
If the tenant is using the unpermitted space as living space, it’s important to have a conversation about the potential risks and limits of unapproved structures. Ensure that any modifications or demolition of the patio are done in accordance with city regulations to avoid liability.
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