Legal Question in Real Estate Law in California

Liability for repairs / upgrades paid for by tennant

My tennant wants to repair some things in the rental home

that I am not sure need to be repaired. For example she wants to replace the laminate tiles in the kitchen. there is some

wear and tear but I dont think that they need to be replaced.

She is willing to pay for, and do, the upgrade herself. My question is, will I be liable in some fiduciary capacity for

her labor/materials when she moves out? I don't want to offer

her a discount on the rent in exchange for the labor because I don't feel the new floor is necessary, I feel that it is merely cosmetic and that if she wants a rent discount that I would be better off hiring a contractor so that I have more

direct control over costs, or simply doing the work myself. If I have no obligations to her in the future steming from her cost, I would be more than willing to let her replace the floor.

Thanks in advance.


Asked on 2/04/03, 9:18 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Liability for repairs / upgrades paid for by tennant

Do you have a lease? If not, you should. You can okay the repair, but you should first obtain her written agreement that it is being done for her own benefit during her tenancy, that it is not to correct a habitability or tenantability problem and that you will have no liability for her compensation or reimbursement of costs. Also, she should agree that if at the termination of her tenancy the condition of the floor is such that you are required to make corrections or alterations to the floor to to poor workmanship, you can make such repairs from her security deposit. Further, you should require that she obtain your prior approval to the material she wants to use.

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Answered on 2/04/03, 9:30 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Liability for repairs / upgrades paid for by tennant

Good legal advice so far, but I would like to suggest that this is as much a matter of exercising good business judgement as it is a legal question. Basically, do your instincts tell you that this is a reliable person and that the results are likely to be good? Also, the longer the lease term and the more stable the tenancy, the better your chances.

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Answered on 2/05/03, 12:20 am


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