Legal Question in Landlord & Tenant Law in California

OK. Here it goes.

Under 1941.1 of California Civil code it is stated that the landlord has to maintain a "habitable" environment; however, in California civil code 1941.2 it states that the landlord is not responsible to damages caused by the tenant.

Here's the question. My roommate broke a window. He will not admit to it but I know that he did it. (It's safety glass and he is trying to say it broke due to temperature changes or some junk like that.) I know that I am responsible for the cost of the repair, and I am willing to pay for it, but when I went to ask the manager of the property when the repair would be made she stated that there needs to be a payment before the repair.

I have paid $1000 for a security deposit and am willing to pay for the cost of the repair, but is it legal for a landlord to ask for the cost of the repair before the repair happens? They had a person come by and measure the window, but I do not think that they have ordered the window. (The management team did not say when I asked.)

Under the lease they state that a resident has ten days to pay for all damages, but I cannot pay the full amount; therefore, I talked to the management team and they stated that it would be fine if I payed in installments along with my rent, but do I have to wait until I start paying for my window to be fixed? It's 7 foot tall and three foot wide, and the cold season is coming soon to San Leandro. What are my rights, my responsibilities, their rights, and their responsibilities?


Asked on 11/05/09, 10:38 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

I do a lot of landlord tenant defense so my suggestion is stop wasting your time and start paying them. Yes they have a duty to maintain the habitability of your apartment and you have a duty not to wreck the place. In you lease it says you have 10 days to pay for the damage but they cut you some slack so I would start paying.

The alternative is that they can start eviction proceedings for damaging the property, you would try to counter with a breach of habitability which you would probably loose on. Then you get evicted, tagged for attorneys fees if there is provision in lease, and have to pay for the damage your roomie caused. Oh and now you have an eviction and a judgment so you may find it difficult to rent another place.

So you need to ask your self is it really worth the aggravation and the chance that you will be evicted if you refuse to pay and insist they fix it first. I think not, but that�s me. You should start paying them now and if they don't fix for a while assuming it doesn�t' take a while to get the replacement window we can revisit this issue.

Hope this helps and good luck.

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Answered on 11/10/09, 11:34 pm


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