Legal Question in Landlord & Tenant Law in California
My daughter and 4 other girls signed a 1 year Residential House Lease Agreement in June 2009, for a totally renovated, 4 bedroom palatial home close to campus. The owner was forced to rent, as there were no buyers for this $1,000,000.+ home.
The most serious issues at hand are:
1.) Mold on the ceiling above the enclosed shower stall, and in the bathroom skylight. As the paint in there is flat, and obviously not mildew resistant, cleaning it is next to impossible (without removing the plaster as well) Owner wants them to pay to have it �professionally� inspected/cleaned by her husbands various contractors; however refuses to give a written estimate, or let anyone else do the job.
2.) Owner comes over every month to inspect house. Last visit she instructed them to hire a maid service to clean the house twice a month (at their expense) and said that because of the mark on one of the living room walls, the entire room would have to be re-done.
Needless to say, she is �interfering with tenants use and enjoyment of the house.� What can be done?
2 Answers from Attorneys
It is not unreasonable for landlady to come over once per month to inspect; she must give at least 24 hours notice. Five college students living near campus in a million dollar home--that sounds like a receipe for house parties, possible property damage. As to the discoloration, assuming it was there before they moved in or developed soon enough so as not to be their fault, must be repaired at the owner's cost. The general rule is that whomever has to pay for something gets to select who does the work. It is a potential health hazard that needs to be handled immediately. If the house is kept in such a messy state that a maid sevice is needed, then that might be a breach of the lease. They should discuss her objections and see what they can agree to.
In California, there exists a warranty of habitability which is embodied in the California Civil Code. The warranty provides that the landlord must make residential premises let to the public fit for human occupancy. The presence of mold is often cited as a violation of the warranty by referring to California Health and Safety Code section 17920.3 (a)(11)-- the presence of dampness in habitable rooms. The landlord has the duty to repair such conditions. If the property is located within a Rent control jurisdiction, then there are possibly other regulations which factor into the equation. Landlord/tenant issues are delicate and can ofter spiral out of control because one party has misinformation. I urge you to contact an attorney to ascertain which rights specifically apply to this situation. Our office specializes in these matters, feel free to contact us.
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