Legal Question in Landlord & Tenant Law in California

My wife and I are renting a house that needs major siding repair, I've been on the owner to get the siding repiared for the last 3 years and he wont work with us on our schedule. We owne a company and weekends are the only time we have off to be at the house for the siding repair, I told the owner this and he told me he won't have any repirs done unless its M-F 8 to 5. The siding that needs the repir is at the attic, I took a look in the attic and I can see outside threw the siding. I had to open a case with code enforcement on the owner just to get the cooler working properly. Can the owner make me close my company down and lose money threw the week to do the repir and accommodate him or does he have to accommodate my schedule. I would move but at this time our finances won't allow it.


Asked on 7/12/12, 9:50 am

1 Answer from Attorneys

Your problem is that you start out with the premise that you have a right to be there for the repairs. As long as the landlord gives you proper notice, he can enter the property himself or through employees or contractors to effect repairs whether you are there or not. So your choice is to tell him to do the repairs whether you are there or not, or be there at your own expense if you want to be there. If he refuses to handle the repairs unless you are present, THEN you have rights due to the siding not being intact. Walls that are not weather tight ARE a violation of the implied covenant of habitability. So if he won't repair after being told to go ahead even if you aren't there, THEN and only then is he in violation.

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Answered on 7/12/12, 4:14 pm


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