Legal Question in Real Estate Law in California
Rental repairs
I have a sporadic ticking noise within one of my
interior walls. After contacting our landlord about
the problem, they told us that it had to do with the
water heater turning itself on and can not be fixed.
They basically blew us off, saying that it was
happening in several other units as well. It
continues at all hours of the day and night which
makes it hard to sleep. How should I approach
the management in order to get this fixed? What
is their obligation regarding this matter?
2 Answers from Attorneys
Re: Rental repairs
This is a supplement to the prior answer.
The cause of the clicking noise would have a direct affect on the landlord's duty to repair. If the noise is related to a possible dangerous situation there would be a requirement to repair. Contact the gas company, electric provider or city building code enforcement, and request an inspection.
Re: Rental repairs
A sporadic ticking noise may not be sufficient to require repair by a landlord. The law will try to balance the nature of the harm with the cost of correction. It would sound like the noise is caused by pipes, which might require that the walls be cut away and then resealed. I don't think a judge would require this.
If you are in a lease, you might be able to break the lease based on this problem, and move to another location. The landlord could also show that it does not bother others in the building.
You might request another unit in the building or a reduction in the rental.
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