Legal Question in Real Estate Law in California

Capital improvement??

My air conditioner no longer works. My landlord told me

I have two options: a) he could replace it with another

used one or b) put a new one in, but this would be a

capital improvement and he would charge me an extra

100$ a month. I have offered to put a new one in myself

and even pay for it myself, but he has told me that this

is against the law. My lease (which was up three

months ago) states that I am not allowed to do any

work on the property without his consent. Any help??

Thanks!!


Asked on 6/03/02, 10:56 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Capital improvement??

The lease terms would (at least regarding your right to do work) probably still apply under your month-to-month tenancy. It would be unwise to install a new air conditioner at your own expense for other reasons as well, including the fact that once affixed to the property it becomes part of it and you (probably) couldn't lawfully remove it if you were given a 30-day notice the next day.

My suggestion is to accept the used air conditioner after reminding the landlord that if it isn't in good condition he will be getting repair demands from you as well as subsequent tenants of that unit.

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Answered on 6/03/02, 11:15 pm


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