Legal Question in Real Estate Law in California

If a Landlord is required to make repairs (your situation) the the landlord is required to offer "like kind" living arrangement during the repairs (other examples include Termite Tenting, Flood Repairs, Mold Remediation, and the like). "Like kind" is subjective and so you should discuss reasonable expectations of tenant with the tenant. Also, I always recommend a practical approach beforehand - if the repairs are not emergency-based, then first ask the tenant if there is a convenient time where the Tenant may be taking a vacation (in other words, you may be able to "get lucky") and thereby allowing you those several days to get your work accomplished. if not, then go ahead and negotiate a substitute/temporary housing, that you will have to pay for.

JAMES GREER, offices in Del Mar CA and Boulder CO. [email protected]

Mr. Greer is wrong. Under California law, unless you are subject to local ordinances to the contrary, such as in Berkeley and Los Angeles, the tenant's remedy for temporary dislocation is left up to the terms of the lease. If the lease is silent, the tenant's remedy is limited to contract damages, which basically mean per diem rent abatement for the number of days they lose use of the premises.

You can try to offer to pay for his reasonable motel/hotel cost for those days.

It would be very helpful in answering this question to know more about the relationship between landlord and tenant and the cause of or need for the electrical repairs. A voluntary agreement with the tenant is preferable to ordering him/her out and paying compensation and/or expenses according to some law. On the one hand, we have laws giving tenants the right to "quiet enjoyment" of the leased premises and discouraging landlord interference. On the other, we have laws (see, e.g., Health & Safety Code sections 17912-17998.3, "Regulation of Buildings Used for Human Habitation") strictly requiring repairs and maintenance in certain situations.

I would recommend deferring the work until the unit is vacant, if possible. It probably isn't, in which case you need to discuss the need for the work with the tenant and come to a mutual understanding as to when the work can be done, accommodating to the extent possible the tenant, the contractor, and the urgency of the work. Perhaps the tenant asked for the work in the first place, or at least is aware of the problems you're trying to correct. If so, it should be easier to reach agreement.

I did not find any language in the Civil Code's sections on landlord-tenant and residential rental properties that either supports or rejects the positions taken by Messrs. Greer and McCormick. The section (Civil Code 1954) giving the landlord a limited right of access to perform repairs seems to assume all the repairs will be done during "normal business hours" and that the tenant will be allowed to return at other times of day.

If push comes to shove, remember that, unless the repairs have been ordered by some public agency, the tenant probably has a right to remain in the rental unit except during normal business hours, and a voluntary arrnagement is probably better for the landlord