Legal Question in Landlord & Tenant Law in California

1. Depends on the actual issue. Only certain conditions that the law specifically recognizes as making a property not legally habitable create a legal duty for the landlord to repair. The tenant's subjective feelings that a condition is a "health and safety concern" doesn't make it a legally defective condition.

2. The tenant must first obtain a determination from the local housing or code enforcement authorities that the condition legally requires repairs. The landlord then generally has 30-days to complete repairs before the tenant can break a lease and/or sue. The exception is if the condition is so bad that the property gets "red tagged."

3. No. Not if the third party is the landlord's designated agent.

4. None if they do not enter the housing unit. If they do enter the unit, they must give 24 hours notice and come during regular business hours.

5. It depends on the terms of the rental agreement or lease, and whether the repairs are necessary in order to preserve the integrity of the building or unit. So, for example, if a tenant breaks a window, the landlord can require repairs in order to keep wind, rain, leaves, etc. from getting in and causing further damage. If the tenant's kids knock a small hole in an interior wall the landlord can't force a repair until the unit is vacated.

6. Too vague to answer.

7. None. A landlord must deliver the property free of vermin and appropriately sealed against entry of vermin. After that, it is on the tenant, unless it is a multi unit dwelling, in which case the landlord remains responsible for the common areas, and to make sure nothing gets from the common areas into the units. There is no legal requirement for annual pest control.

8. It depends on the lease or rental agreement, but most either have specific provisions about pets if pets are allowed, or at least have a general requirement that tenants abide by all laws and regulations in effect at the location. That would allow the landlord to require proof of compliance with licensing and vaccination laws and ordinances.

9. Yes.

10. If the landlord accepts the check, payment is made at that time. It is up to them to cash it or not.

11. 24 hour notice is for entry to the dwelling unit, not for showing up. No notice is required to show up. If the landlord is harassing a tenant the tenant can get a civil harassment restraining order, but just showing up and making demands that the landlord is entitled to make is not harassment. Hassling a tenant is not harassment unless it becomes so severe, pervasive and unwarranted or unreasonable, or in such an outrageous manner, as to constitute legal harassment.

12. Again, the tenants' "concern" creates no legal obligation on the landlord. Even if the unit is deemed not habitable by the authorities and the landlord does not repair in 30 days or such other time as the authorities order, the tenant is still not entitled to compensation for a hotel room. All they are entitled to is to stop paying rent once the deadline passes for repairs. They can then apply that money to another place to stay.

13. Yes, as long as they do not enter the dwelling. Entering the dwelling requires 24 hours notice and only during business hours.

14. Too vague to answer.