Major Repairs and Maintenance
C.
Agreeing to Be Responsible for Repairs
You and your landlord may have agreed that
you'll take on certain repair and maintenance
responsibilities. Typically, tenants agree to do
"routine maintenance" only. Unfortunately,
landlords are rarely specific as to what that term
means. And, as we've just explained, sometimes
"routine" chores (such as replacing a thermostat)
can be the difference between a fit rental and
one that is legally uninhabitable. On the other
hand, some expensive maintenance (such as a new
paint job) has more to do with cosmetics than
habitability. If you agree to do maintenance and
repairs, it's important to understand the scope of
your duties.
If you've taken on "routine" maintenance, chances
are that you and the landlord expect you'll fix things
that aren't overly expensive or complicated, and that
don't involve getting into the building's structure or
major heating or ventilation systems. For example,
fixing a clogged toilet, replacing a front door lock,
and replacing a cracked window in your apartment
rental are routine tasks. Reroofing, rebuilding
the lobby stairs, or replacing heating ductwork is
not. If you've rented a single-family home, your
responsibilities may be a bit larger, especially if you
have proven yourself to have the skill, time, and
inclination to take the jobs on.
Tenants who agree to perform maintenance may
legally waive, or give up, their rights to repair and
deduct (or withhold rent) for those specific repairs.
(CC § 1942.1; see also Knight v. Hallsthammar, 29
Cal.3d 46 (1981).) This stands to reason -- having
secured a rent reduction (or payment) in exchange
for your promise to attend to a type of repair, you
shouldn't be able to turn around and demand that
the landlord do the very job you said you'd do. This
is the only situation in which waivers of your "big
stick" remedies will stand up in court.
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