Legal Question in Landlord & Tenant Law in California

Replacing/repairing property

I rented a 3 bedroom townhouse, with a covered patio. The termite inspector came out and due to infestation of termites AND fungus, told the landlord it needed to be replaced. The landlord said they would only take it down, not replace it. The COVERED patio is one of the big reasons I rented this place. Do they have to replace it, or can they just remove it?


Asked on 6/04/06, 2:49 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Replacing/repairing property

There may be a decrease in value without the cover and therefore a reduction in rent. You will have to negotiate this with the LL. Good Luck.

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Answered on 6/05/06, 11:05 am
Randy Schlosser Law Office of RM Schlosser

Re: Replacing/repairing property

The landlord has the right to remove and not replace the patio. Whether this amounts to a material breach of the contract the law is unclear; however, I believe it would not constitute a material breach of the lease unless there was something unusual about the patio that made that property unique, or the lease specifically referred to the patio.

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Answered on 6/06/06, 5:16 am


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