Legal Question in Landlord & Tenant Law in California

Civil Code 1942
I have a resident who did not give a 30 day notice and is siting this code saying she does not have to give a notice nor pay back her concession that was given under the agreement on the lease that she stay her full lease term. The code speaks of 'repair' and she is trying to say that because residents leave trash in the trash room regularly and make a mess that she has complaied about many times, and we clean daily, and that according to her there are roaches which she has only complained of once and we had pest control come into bait, that she has the right to move out and not be charged. We have documentation of daily trash pick up by the city and cleaning daily by my staff, regular pest control visits as a standard practice and only one call from her regarding roaches and it was within 7 days. I want to make sure that I am reading the code accurately. It seems to me it is referring more to structural repair. Is that correct?

Asked on 3/17/08, 3:56 pm

2 Answers from Attorneys

Stanley Moerbeek The Law Offices of Stanley L Moerbeek

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Re: Civil Code 1942

The tenant's claims are bogus. If you can document what you say, then she would not be upheld if she proceeds with this approach.

As for your responsibilities, it is not just structural repair that is at issue. The California Civil Code, section 1941.1 mandates that the landlord provide habitable premises for the tenant. Specifically, the Code requires that the rental premises be habitable so as to ensure the tenant's health and safety. Check out the requirements of section 1941.1: the section provides a pretty good guideline for landlords.

Answered on 3/17/08, 5:02 pm

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