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Definitions...
Landlord: The owner of any real estate, such as a house, apartment
building or land, that is leased or rented to another person, called the tenant.
Tenant: Anyone, including a corporation, who rents real property, with or
without a house or structure, from the owner (called the landlord). The tenant
may also be called the "lessee."
Right: Something that is due to a person or governmental body by law,
tradition, or nature.
Responsibility, Responsible adj.: Answerable for one's conduct and
obligations.
HOUSING FOR EVERYONE:
Is your Rental Home/Apartment Clean, Safe and Sanitary?
Rights & Responsibilities
California law protects tenants from having to live with inadequate or defective
conditions. Defective conditions include roof leaks, no heat, plumbing problems
and broken windows. The right to a clean, safe and sanitary home allows
residents to seek repairs to secure their full rental value including good or
improved living conditions.
This basic right of tenants carries the responsibility to keep a rental
home/apartment clean, unharmed and orderly. Regular housekeeping, avoiding
damage, and communication with the owner, landlord or manager (both oral and
written) will generally support a healthy landlord - tenant relationship.
Problems should be addressed as they arise
Tenants can avoid problems when they move in by listing all of the things that
require or may soon require repairs. During the tenancy, tenants should report
any event or need for repair in writing as soon as possible. Landlords must be
given notice of any problems and a reasonable time to repair the defective
conditions. Unless there is emergency, the law provides that thirty (30) days is
considered reasonable. Thus, if a pipe breaks, the water heater bursts, or a
ceiling begins to actually falls, repairs should be completed much more quickly.
Keeping a copy of everything sent to the owner, landlord or manager will always-
assist a tenant in protecting her/his rights.
California law protects tenants from having to live in poor or defective
conditions.
The Law's Basic Requirements
California law provides the following list of livable conditions to help explain
when a home is clean, safe and sanitary:
• A home shall be protected from wind and rain. The roof should be leak free, no
holes in walls, and no broken windows or doors;
• Plumbing and gas pipes must work properly. The smell of gas when the stove is
off and sewer back ups are not proper;
• Every home should have both hot and cold running water;
• Working heat under the control of the tenant is required;
• The home should have proper lighting and an electrical system that is safe and
works. A problem exists if the electricity shuts off regularly from normal use;
• Common areas inside and outside the home must be free of garbage, dangerous
materials, and pests like rodents or cockroaches;
• Garbage service and adequate cans must be maintained; and
• Floors, stairways, balconies and railings cannot be dangerous.
These are the basic needs of a clean, safe and sanitary home/apartment. An
owner, landlord manager should be contacted in writing if these items are
defective in a rental property. Tenants should seek legal advice (see back panel
for assistance) if they fear that a request for repairs will result in a
negative reaction from a landlord such as an eviction notice.
Code Enforcement of Defective Conditions
Code enforcement involves the inspection of a dwelling unit to determine if the
property is in violation of either the Uniform Building Code and/or the Uniform
Housing Code. These Codes establish the basis for determining if your home meets
the minimum residential standards. A Code Enforcement Official will issue a
Notice of Violation to the property owner if defective conditions exist at the
rental unit. This notice formally requires repairs to be made by the owner
within a reasonable period of time or penalties may be imposed.
In addition, the Redwood City Municipal Code may give further protection and
allow additional concerns to be inspected or otherwise addressed. For example,
Redwood City Municipal Code Section 14.72 allows an inspector to investigate and
determine if there is a condition that could be considered a public nuisance.
Some examples would be a hazardous or unsanitary premises, a collection of junk
that creates a fire hazard, or any other condition which is a danger to the
public peace, health, or safety.
Other property or building issues which can be inspected by either Redwood City
Code Enforcement Officers or the San Mateo County Environmental Health Services
Department include: asbestos fears; standing water; gas leaks; sewage spills or
back ups; accumulated debris; the lack of a working or any smoke detector
(battery replacement is a tenant's responsibility if it worked upon move in);
and non-permitted improvements like unlawful secondary units. Redwood City
Ordinance 2048 provides for relocation assistance if a unit is condemned due to
Code Enforcement activities.
Unlawful Secondary Units
If a unit is not legal, often times the living standards are substandard. Some
signs of an unlawful secondary unit include: the sharing of a utility meter; not
having to pay for just your utility use; the lack of a proper mailbox; the
acceptance of only cash for rent; and/or the lack of a written lease. Redwood
City Building Inspectors as well as Code Enforcement Officers can determine if a
rental unit is properly permitted and built according to Code.
Communication and Problem Solving
Communications between a landlord and tenant should be respectful and neither
angry nor confrontational. Emergency situations can be calmly reported by
telephone but should also be followed with a written note confirming the
communication. Treating the situation in an overly emotional manner will only
block communications. Be reasonable and let common sense be your guide. For
example, a water heater should always be repaired within few days; a heater
should be repaired within a few days if it is winter, wet outside, or
particularly cold, a broken window, unless it is substantially missing or a
danger, should be repaired within a week; dry rot, if there is no immediate
safety concern, should be repaired within thirty (30) days.
Solutions beyond direct communications between a landlord and tenant include
Code Enforcement Community Development Department assistance, and legal advice.
Further information is available on the back panel. Other remedies such as
repairing and deducting or, under unusual circumstances, withholding rent may
become available if your landlord not respond to reasonable requests. These
remedies have specific limits and requirements and legal advice concerning their
use is generally recommended. The goal in obtaining a clean, safe and sanitary
home or apartment includes minimizing the risk of an eviction notice in response
to an assertion of basic rights.
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