Legal Question in Landlord & Tenant Law in California

Re: Dangerous, outdated wiring in rental home

The landlord�s obligation to provide a habitable premise includes the obligation to maintain the basics, including a functioning electrical system. Specifically, by statute, he is required by statute to have at least 2 working outlets - or 1 outlet and 1 light fixture, in every room. (The bathroom only requires 1 light fixture.) Common stairs and hallways must be lighted at all times.

My guess that the existing wiring may not violate the local building codes (as the unit likely �grandfathered� to much earlier code versions), but that does not leave you without recourse. The fact that you have evidence of fire danger in burned wires and that your doing electrical repairs (which I strongly recommend that you avoid unless you have electrical contracting experience).

You are entitled to �repair and deduct� the cost of necessary repairs if you have provided the landlord with sufficient notice and opportunity. I recommend you go to the following website (just "cut and paste" in the address on your browse address line):

http://www.ocf.berkeley.edu/~asucrla/repairs3.shtml

It provides a step-by-step guide for usng the "repair and deduct" procedure, including a sample letter to send to the landlord.

In that does work, you can contact your local code enforcement office (check with your local building department) to have them come out and possibly cite the landlord. And finally, as to your questions about retaliation, the answer is absolute � the landlord is not entitled to retaliate against you for taking these steps. From a practical standpoint, I recommend that you start off with �repair & deduct� letter and go from there. If you the landlord threatens or actually retaliates (e.g. services you with an eviction notice), contact a local attorney immediately.

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