Legal Question in Real Estate Law in California

Re: Common upkeep refused by landlord

As a matter of California State law, two areas of law bear on the issue. The first is the concept of uninhabitability which was first announced in the state many years ago in the case Green vs. Superior Court. In that case the court held that in all residential housing the landlord has an obligation to maintain the premises in a habitable condition. Exactly what habitable means has been left to the development of case law and is somewhat a moving target. This provides potential for showing that almost any area of lack of maintenance can become a habitability problem if it is bad enough.

The second area of state law arises in the Civil Code which states that a landlord must maintain the premises in a "tenantable" condition. The term is defined by statute, and the closest to your problem is can be found in subdivision (h) of section 1941.2 which requires a landlord to maintain floors in good repair.

Of course, local jurisdictions (City and County laws may provide additional rights and remedies)as may federal regulations if they are involved through Section 8 housing laws, etc.

Landlord tenant law is very technical. I recommend competent legal representation unless you can work it out with the landlord or move.

Re: Common upkeep refused by landlord

There is no one single, simple answer. First, if this is HUD subsidized housing, there are probably some general standards of upkeep in order to stay in good standing with HUD. If it is private, the landlord is governed by two sets of legal guidelines. (1) The Civil Code requires the place to be kept habitable, meaning no roof leaks and a few other definite things NOT including carpets, paint, linoleum, etc. (2) Defects relating to safety frequently don't have to be repaired as a matter of statute, but if anything happens to a tenant, the landlord would be considered negligent and could be sued. To the extent the conditions you mention fall into the latter category, the landlord isn't absolutely required to fix them, but should do so as a matter of sound business judgment.

Your best course of action is to negotiate with the landlord, and if that doesn't work, move elsewhere.