Having Repairs Made to a Rental Unit

Having Repairs Made

If a tenant believes that his or her rental unit needs repairs, and that the landlord is responsible for the repairs under the implied warranty of habitability, the tenant should notify the landlord. Since rental units typically are business investments for landlords, most landlords want to keep them safe, clean, attractive, and in good repair.

It's best for the tenant to notify the landlord of damage or defects by both a telephone call and a letter. The tenant should specifically describe the damage or defects and the required repairs in both the phone call and the letter. The tenant should date the letter and keep a copy to show that notice was given and what it said. If the tenant gives notice to the landlord by e-mail or fax, the tenant should follow up with a letter. (See "Giving the landlord notice".)

The tenant should send the letter to the landlord, manager, or agent by certified mail with return receipt requested. Sending the notice by certified mail is not required by law, but is a very good idea. Or, the tenant (or a friend) may personally deliver the notice to the landlord, manager, or agent and ask for a receipt to show that the notice was received. The tenant should keep a copy of the notice and the receipt, or some other evidence that the notice was delivered. (See "Giving the landlord notice".)

If the landlord doesn't make the requested repairs, and doesn't have a good reason for not doing so, the tenant may have one of several remedies, depending on the seriousness of the repairs. These remedies are discussed in the rest of this section. Each of these remedies has its own risks and requirements, so the tenant should use them carefully.

The "repair and deduct" remedy

The "repair and deduct" remedy allows a tenant to deduct money from the rent, up to the amount of one month's rent, to pay for repair of defects in the rental unit.¹⁵⁶ This remedy covers substandard conditions that affect the tenant's health and safety, and that substantially breach the implied warranty of habitability.¹⁵⁷ (See discussion of the implied warranty of habitability.) Examples might include a leak in the roof during the rainy season, no hot running water, or a gas leak.

As a practical matter, the repair and deduct remedy allows a tenant to make needed repairs of serious conditions without filing a lawsuit against the landlord. Because this remedy involves legal technicalities, it's a good idea for the tenant to talk to a lawyer, legal aid organization, or tenants' association before proceeding.

The basic requirements and steps for using the repair and deduct remedy are as follows:

1.     1. The defects must be serious and directly related to the tenant's health and safety.¹⁵⁸

2.     2. The repairs cannot cost more than one month's rent.

3.     3. The tenant cannot use the repair and deduct remedy more than twice in any 12-month period.

4.     4. The tenant or the tenant's family, guests, or pets must not have caused the defects that require repair.

5.     5. The tenant must inform the landlord, either orally or in writing, of the repairs that are needed. (See "Giving the landlord notice".)

6.     6. The tenant must give the landlord a reasonable period of time to make the needed repairs.

·         What is a reasonable period of time? This depends on the defects and the types of repairs that are needed. The law usually considers 30 days to be reasonable, but a shorter period may be considered reasonable, depending on the situation. For example, if the furnace is broken and it's very cold outdoors, two days may be considered reasonable (assuming that a qualified repair person is available within that time period).

1.     7. If the landlord doesn't make the repairs within a reasonable period of time, the tenant may either make the repairs or hire someone to do them. The tenant may then deduct the cost of the repairs from the rent when it is due. The tenant should keep all receipts for the repairs.

·         It's a good idea, but not a legal requirement, for the tenant to give the landlord a written notice that explains why the tenant hasn't paid the full amount of the rent. The tenant should keep a copy of this notice.

Risks: The defects may not be serious enough to justify using the repair and deduct remedy. In that event, the landlord can sue the tenant to recover the money deducted from the rent, or can file an eviction action based on the nonpayment of rent. If the tenant deducted money for repairs not covered by the remedy, or didn't give the landlord proper advance notice or a reasonable time to make repairs, the court can order the tenant to pay the full rent even though the tenant paid for the repairs, or can order that the eviction proceed.

The landlord may try to evict the tenant or raise the rent because the tenant used the repair and deduct remedy. This kind of action is known as a "retaliatory eviction" (see section on Retaliatory Eviction). The law prohibits this type of eviction, with some limitations.¹⁵⁹

The "abandonment" remedy

Instead of using the repair and deduct remedy, a tenant can abandon (move out of) a defective rental unit. This remedy is called the" abandonment" remedy. A tenant might use the abandonment remedy where the defects would cost more than one month's rent to repair,¹⁶⁰ but this is not a requirement of the remedy. The abandonment remedy has most of the same requirements and basic steps as the repair and deduct remedy.¹⁶¹

In order to use the abandonment remedy, the rental unit must have substandard conditions that affect the tenant's health and safety, and that substantially breach the implied warranty of habitability.¹⁶² (See discussion of the implied warranty of habitability.) If the tenant uses this remedy properly, the tenant is not responsible for paying further rent once he or she has abandoned the rental unit.¹⁶³

The basic requirements and steps for lawfully abandoning a rental unit are:

1.     1. The defects must be serious and directly related to the tenant's health and safety.¹⁶⁴

2.     2. The tenant or the tenant's family, guests, or pets must not have caused the defects that require repair.

3.     3. The tenant must inform the landlord, either orally or in writing, of the repairs that are needed. (See "Giving the landlord notice," below).

4.     4. The tenant must give the landlord a reasonable period of time to make the needed repairs.

·         What is a reasonable period of time? This depends on the defects and the types of repairs that are needed. The law usually considers 30 days to be reasonable, but a shorter period may be considered reasonable, depending on the circumstances. For example, if tree roots block the main sewer drain and none of the toilets or drains work, a reasonable period might be as little as one or two days.

1.     5. If the landlord doesn't make the repairs within a reasonable period of time, the tenant should notify the landlord in writing of the tenant's reasons for moving and then actually move out. The tenant should return all the rental unit's keys to the landlord. The notice should be mailed or delivered as explained in "Giving the landlord notice" below. The tenant should keep a copy of the notice.

·         It's a good idea, but not a legal requirement, for the tenant to give the landlord written notice of the tenant's reasons for moving out. The tenant's letter may discourage the landlord from suing the tenant to collect additional rent or other damages. A written notice also documents the tenant's reasons for moving, which may be helpful in the event of a later lawsuit. If possible, the tenant should take photographs or a video of the defective conditions or have local health or building officials inspect the rental unit before moving. The tenant should keep a copy of the written notice and any inspection reports and photographs or videos.

Risks: The defects may not affect the tenant's health and safety seriously enough to justify using the remedy. The landlord may sue the tenant to collect additional rent or damages.

The "rent withholding" remedy

A tenant may have another option for getting repairs made - the "rent withholding" remedy.

By law, a tenant is allowed to withhold (stop paying) some or all of the rent if the landlord does not fix serious defects that violate the implied warranty of habitability.¹⁶⁵ (See discussion of the implied warranty of habitability.) In order for the tenant to withhold rent, the defects or repairs that are needed must be more serious than would justify use of the repair and deduct and abandonment remedies. The defects must be substantial - they must be serious ones that threaten the tenant's health or safety.¹⁶⁶

The defects that were serious enough to justify withholding rent in Green v. Superior Court¹⁶⁷ are listed below as examples:

• Collapse and nonrepair of the bathroom ceiling.
• Continued presence of rats, mice, and cockroaches.
• Lack of any heat in four of the apartment's rooms.
• Plumbing blockages.
• Exposed and faulty wiring.
• An illegally installed and dangerous stove.

In the Green case, all of these defects were present, and there also were many violations of the local housing and building codes. In other situations, the defects that would justify rent withholding may be different, but the defects would still have to be serious ones that threaten the tenant's health or safety.

In order to prove a violation of the implied warranty of habitability, the tenant will need evidence of the defects that require repair. In the event of a court action, it is helpful to have photographs or videos, witnesses, and copies of letters informing the landlord of the problem.

Before the tenant withholds rent, it is a good idea to check with a legal aid organization, lawyer, housing clinic, or tenant program to help determine if rent withholding is the appropriate remedy.

The basic requirements and steps for using the rent withholding remedy are:

1.     1. The defects or the repairs that are needed must threaten the tenant's health or safety.¹⁶⁸

·         The The defects must be serious enough to make the rental unit uninhabitable. For example, see the defects described in the discussion of the Green case above.

1.     2. The tenant, or the tenant's family, guests, or pets must not have caused the defects that require repair.

2.     3. The tenant must inform the landlord either orally or in writing of the repairs that are needed. (See "Giving the landlord notice," below).

3.     4. The tenant must give the landlord a reasonable period of time to make the repairs.

·         What is a reasonable period of time? This depends on the defects and the type of repairs that are needed.

1.     5. If the the landlord doesn't make the repairs within a reasonable period of time, the tenant can withhold some or all of the rent. The tenant can continue to withhold the rent until the landlord makes the repairs.

·         How much rent can the tenant withhold? While the law does not provide a clear test for determining how much rent is reasonable for the tenant to withhold, judges in rent withholding cases often use one of the following methods. These methods are offered as examples.

Percentage reduction in rent: The percentage of the rental unit that is uninhabitable is determined, and the rent is reduced by that amount. For example, if one of a rental unit's four rooms is uninhabitable, the tenant could withhold 25 percent of the rent. The tenant would have to pay the remaining 75 percent of the rent. Most courts use this method.

Reasonable value of rental unit: The value of the rental unit in its defective state is determined, and the tenant withholds that amount. The tenant would have to pay the difference between the rental unit's fair market value (usually the rent stated in the rental agreement or lease) and the rental unit's value in its defective state.¹⁶⁹

1.     6. The tenant should save the withheld rent money and not spend it. The tenant should expect to have to pay the landlord some or all of the withheld rent.

·         If the tenant withholds rent, the tenant should put the withheld rent money into a special bank account (called an escrow account). The tenant should notify the landlord in writing that the withheld rent money has been deposited in the escrow account, and explain why.

Depositing the withheld rent money in an escrow account is not required by law, but is a very good thing to do for three reasons.

First, as explained under "Risks" below, rent withholding cases often wind up in court. The judge usually will require the tenant to pay the landlord some reduced rent based on the value of the rental unit with all of its defects. Judges rarely excuse payment of all rent. Depositing the withheld rent money in an escrow account assures that the tenant will have the money to pay any "reasonable rent" that the court orders. The tenant will have to pay the rent ordered by the court five days (or less) from the date of the court's judgment.

Second, putting the withheld rent money in an escrow account proves to the court that the tenant didn't withhold rent just to avoid paying rent. If there is a court hearing, the tenant should bring rental receipts or other evidence to show that he or she has been reliable in paying rent in the past.

Third, most legal aid organizations and lawyers will not represent a tenant who has not deposited the withheld rent money in an escrow account.

Sometimes, the tenant and the landlord will be able to agree on the amount of rent that is reasonable for the time when the rental unit needed repairs. If the tenant and the landlord can't agree on a reasonable amount, the dispute will have to be decided in court, or resolved in an arbitration or mediation proceeding (see section on Arbitration and Mediation).

Risks: The defects may not be serious enough to threaten the tenant's health or safety. If the tenant withholds rent, the landlord may give the tenant an eviction notice (a three-day notice to pay the rent or leave). If the tenant refuses to pay, the landlord will probably go to court to evict the tenant. In the court action, the tenant will have to prove that the landlord violated the implied warranty of habitability.¹⁷⁰

If the tenant wins the case, the landlord will be ordered to make the repairs, and the tenant will be ordered to pay a reasonable rent. The rent ordinarily must be paid five days or less from the date of the court's judgment. If the tenant wins, but doesn't pay the amount of rent ordered when it is due, the judge will enter a judgment for the landlord, and the tenant probably will be evicted. If the tenant loses, he or she will have to pay the rent, probably will be evicted, and may be ordered to pay the landlord's attorney's fees.

There is another risk of using rent withholding: if the tenant doesn't have a lease, the landlord may ignore the tenant's notice of defective conditions and seek to remove the tenant by giving him or her a 30-day or 60-day notice to move. This may amount to a "retaliatory eviction" (see section on Retaliatory Actions, Evictions and Discrimination).¹⁷¹ The law prohibits retaliatory evictions, with some limitations.¹⁷²

Giving the landlord notice

Whenever a tenant gives the landlord notice of the tenant's intention to repair and deduct, withhold rent, or abandon the rental unit, it's best to put the notice in writing. The notice should be in the form of a letter, and can be typed or handwritten. The letter should describe in detail the problem and the repairs that are required. The tenant should sign and date the letter and keep a copy.¹⁷³

The tenant might be tempted to send the notice to the landlord by e-mail or fax. The laws on repairs specify that the tenant may give the landlord notice orally or in writing, but do not mention e-mail or fax. To be certain that the notice complies with the law, the tenant should follow up any e-mailed or faxed notice with a letter describing the damage or defects and the required repairs.

The letter should be sent to the landlord, manager, or agent by certified mail (return receipt requested). Sending the letter by certified mail is not required by law, but is a very good idea. Or, the tenant (or a friend) may personally deliver the notice to the landlord, manager, or agent. The tenant should ask for a signed and dated receipt showing that the notice was received, or ask the landlord to date and sign (or initial) the tenant's copy of the letter to show that the landlord received the notice. Whatever the method of delivery, it's important that the tenant have proof that the landlord, or the landlord's manager or agent, received the notice.

The copy of the letter and the receipt will be proof that the tenant notified the landlord, and also proof of what the notice said. Keep the copy of the letter and the receipt in case of a dispute with the landlord.

The landlord or agent may call the tenant to discuss the request for repairs or to schedule a time to make them. It's a good idea for the tenant to keep notes of any conversations and phone calls about the request for repairs. During each conversation or immediately after it, the tenant should write down the date and time of the conversation, what both parties said, and the date and time that the tenant made the notes. Important: Neither the tenant nor the landlord can tape record a telephone conversation without the other party's permission¹⁷⁴

Tenant information

An occupant of residential property can invite another person onto the property during reasonable hours, or because of emergency circumstances, to provide information about tenants' rights or to participate in a tenants' association or an association that advocates tenants' rights. The invited person cannot be held liable for trespass.¹⁷⁵

Lawsuit for damages as a remedy

The remedies of repair and deduct, abandonment, and rent withholding allow a tenant in a rental unit with serious habitability defects to take action against the landlord without filing a lawsuit. Arbitration and mediation are other methods of resolving disputes about the condition of a rental unit (see section on Arbitration and Mediation).

A tenant has another option: filing a lawsuit against the landlord to recover money damages if the landlord does not repair serious defects in the rental unit in a timely manner.¹⁷⁶ This kind of lawsuit can be filed in small claims court or Superior Court, depending on the amount demanded in the suit.¹⁷⁷ The tenant can file this kind of lawsuit without first trying another remedy, such as the repair and deduct remedy.

If the tenant wins the lawsuit, the court may award the tenant his or her actual damages, plus "special damages" in an amount ranging from $100 to $5,000.¹⁷⁸ "Special damages" are costs that the tenant incurs, such as the cost of a motel room, because the landlord did not repair defects in the rental unit. The party who wins the lawsuit is entitled to recover his or her costs of bringing the suit (for example, court costs), plus reasonable attorney's fees as awarded by the court.¹⁷⁹

The court also may order the landlord to abate (stop or eliminate) a nuisance and to repair any substandard condition that significantly affects the health and safety of the tenant.¹⁸⁰ For example, a court could order the landlord to repair a leaky roof, and could retain jurisdiction over the case until the roof is fixed.

In order for a tenant to win such a lawsuit against the landlord, all of the following conditions must be met.¹⁸¹

·         The rental unit has a serious habitability defect. That is, the rental unit contains a lead hazard that endangers the occupants or the public; or substantially lacks any of the a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public; and

·         A housing inspector has inspected the the minimum requirements for habitability listed in the eight categories (see Conditions that make a rental unit legally uninhabitable); or has been declared substandard because, for example, a structural hazard, inadequate sanitation, or premises and has given the landlord or the landlord's agent written notice of the landlord's obligation to repair the substandard conditions or abate the nuisance; and

·         The nuisance or substandard conditions continue to exist 35 days after the housing inspector mailed the notice to the landlord or agent, and the landlord does not have good cause for failing to make the repairs; and

·         The nuisance or substandard conditions were not caused by the tenant or the tenant's family, guests, or pets; and

·         The landlord collects or demands rent, issues a notice of rent increase, or issues a three-day notice to pay rent or quit (see Written Notices of Terminations) after all of the above conditions have been met.

To prepare for filing this kind of lawsuit, the tenant should take all of these basic steps:

·         The tenant should notify the landlord in writing about the conditions that require repair. (See "Giving the landlord notice".) The rental unit must have serious habitability defects that were not caused by the tenant's family, guests, or pets.

·         The notice should specifically describe the defects and the repairs that are required.

·         The notice should give the landlord a reasonable period of time to make the repairs.

·         If the landlord doesn't make the repairs within a reasonable time, the tenant should contact the local city or county building department, health department, or local housing agency and request an inspection.

·         The housing inspector must inspect the rental unit.

·         The housing inspector must give the landlord or the landlord's agent written notice of the repairs that are required.

·         The substandard conditions must continue to exist 35 days after the housing inspector mailed the notice to the landlord or landlord's agent. The landlord then must collect or demand rent, raise the rent, or serve a three-day notice to pay rent or quit.

·         The tenant should gather evidence of the substandard conditions (for example, photographs or videos, statements of witnesses, inspection reports) so that the tenant can prove his or her case in court.

·         The tenant should discuss the case with a lawyer, legal aid organization, tenant program, or housing clinic in order to understand what the lawsuit is likely to accomplish, and also the risks involved.¹⁸²

Resolving complaints out of court

Before filing suit, the tenant should try to resolve the dispute out of court, either through personal negotiation or a dispute resolution program that offers mediation or arbitration of landlord-tenant disputes. If the tenant and the landlord agree, a neutral person can work with both of them to reach a solution. Informal dispute resolution can be inexpensive and fast. (See "Arbitration and Mediation".) See "Giving the landlord notice" regarding legal requirements for notices.

LANDLORD'S SALE OF THE RENTAL UNIT

If your landlord voluntarily sells the rental unit that you live in, your legal rights as a tenant are not changed. Tenants who have a lease have the right to remain through the end of the lease under the same terms and conditions. The new landlord can end a periodic tenancy (for example, a month-to-month tenancy), but only after giving the tenant the required advance notice. (See "Landlord's notice to end a periodic tenancy".)

The sale of the building doesn't change the rights of the tenants to have their security deposits refunded when they move. The section on Refund of Security Deposits discuss the landlord's responsibility for the tenants' security deposits after the rental unit has been sold.

When property is sold in foreclosure

State law provides that a tenant in possession of a rental housing unit at the time a property is sold in foreclosure shall be given 60 days' written notice to quit before the tenant may be removed from the property.¹⁸³ However, if your lease was signed before the deed of trust or mortgage was recorded, your lease will not be set aside by the foreclosure.¹⁸⁴

Federal law now requires that you be given 90 days' written notice to quit (leave the property). under the 2009 "protecting tenants at Foreclosure Act," a buyer of foreclosed property must honor your lease until the end of the lease term, unless the buyer will be moving in and using the property as the buyer's home.^184.1 In that case, you are entitled to 90 days' notice to quit.^184.2 This is also true if you are a month-to-month tenant. the Act creates similar protections for tenants with section 8 vouchers. this rule does not apply to rental agreements that were not the result of arm's length transactions or where the rent is much less than fair market rent for that property.^184.3

California recognizes that tenants of units sold in foreclosure now have a right to this 90-day notice under federal law. specifically, any notice to quit served within one year after a foreclosure sale must also inform renters that they may stay in the unit for at least 90-days.^184.4

CONDOMINIUM CONVERSIONS

A landlord who wishes to convert rental property into condominiums must obtain approval from the local city or county planning agency. The landlord also must receive final approval in the form of a public report issued by the State Department of Real Estate. Affected tenants must receive notices at various stages of the application and approval process.¹⁸⁵ These notices are designed to allow affected tenants and the public to have a voice in the approval process.¹⁸⁶ Tenants can check with local elected officials or housing agencies about the approval process and opportunities for public input.

Perhaps most important, affected tenants must be given written notice of the conversion to condominiums at least 180 days before their tenancies end due to the conversion.¹⁸⁷ Affected tenants also must be given a first option to buy the rental unit on the same terms that are being offered to the general public (or better terms). The tenants must be able to exercise this right for at least 90 days following issuance of the Department of Real Estate's public report.¹⁸⁸

DEMOLITION OF DWELLING

The owner of a dwelling must give written notice to current tenants before applying for a permit to demolish the dwelling. The owner also must give this notice to tenants who have signed rental agreements but who have not yet moved in. (See "When You Have Decided to Rent, Condominium Conversion Project" section.) The notice must include the earliest approximate dates that the owner expects the demolition to occur and the tenancy to end.¹⁸⁹

INFLUENCING THE TENANT TO MOVE

California law protects a tenant from retaliation by the landlord because the tenant has lawfully exercised a tenant right (see Retaliatory Actions). California law also makes it unlawful for a landlord to attempt to influence a tenant to move by doing any of the following:

• Engaging in conduct that constitutes theft or extortion.
• Using threats, force, or menacing conduct that interferes with the tenant's quiet enjoyment of the rental unit. (The conduct must be of a nature that would create the fear of harm in a reasonable person.)
• Committing a significant and intentional violation of the rules limiting the landlord's right to enter the rental unit (see When Can the Landlord Enter the Rental Unit?).¹⁹⁰

A landlord does not violate the law by giving a tenant a warning notice, in good faith, that the tenant's or a guest's conduct may violate the lease, rental agreement, rules or laws. The notice may be oral or in writing. The law also allows a landlord to give a tenant an oral or written explanation of the lease, rental agreement, rules or laws in the normal course of business.¹⁹¹

If a landlord engages in unlawful behavior as described above, the tenant may sue the landlord in small claims court or Superior Court. If the tenant prevails, the court may award him or her a civil penalty of up to $2,000 for each violation.¹⁹² Keep in mind, however, that a lawsuit is not always a good solution. If you are faced with actions such as described above, try to assess the situation realistically. You may want to discuss the situation with a trusted friend, a tenant advisor, or a lawyer who represents tenants. If you are convinced that you cannot work things out with the landlord, then consider your legal remedies.

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¹⁵⁶ Civil Code Section 1942.
¹⁵⁷ California Practice Guide, Landlord-Tenant, Paragraphs 3:115-3:116 (Rutter Group 2011).
¹⁵⁸ Brown, Warner and Portman, The California landlord's Law Book, Vol. I: Rights & Responsibilities, pages 189-190 (NOLO Press 2011).
¹⁵⁹ Civil Code Section 1942.5(a).
¹⁶⁰ California Practice Guide, Landlord-Tenant, Paragraph 3:127 (Rutter Group 2011).
¹⁶¹ Civil Code Section 1942.
¹⁶² California Practice Guide, Landlord-Tenant, Paragraph 3:115-3:116, 3:126 (Rutter Group 2011).
¹⁶³ Civil Code Section 1942.
¹⁶⁴ Warner and Portman, The California landlord's Law Book, Vol. I: Rights & Responsibilities, page 189 (NOLO Press 3022).
¹⁶⁵ Green v. Superior Court (1974) 10 Cal.3d 616 [111 Cal.Rptr. 704].
¹⁶⁶ Brown, Warner and Portman, The California landlord's Law Book, Vol. I: Rights & Responsibilities, pages 190-191 (NOLO Press 2011).
¹⁶⁷Green v. Superior Court (1974) 10 Cal.3d 616 [111 Cal.Rptr. 704]. See Hyatt v. Tedesco (2002) 96 Cal.App.4th Supp. 62 [117 Cal.Rptr.2d 921] for additional examples of substantial defects that violated the implied warranty of habitability.
¹⁶⁸ Brown, Warner and Portman, The California landlord's Law Book, Vol. I: Rights & Responsibilities, page 190 (NOLO Press 2011).
¹⁶⁹ See discussion in Brown, Warner and Portman, The California landlord's Law Book, Vol. I: Rights & Responsibilities, page 191(NOLO Press 2011), Portman and Brown, California Tenants' Rights, pages 137-138 (NOLO Press 2010), and California Practice Guide, Landlord-Tenant, Paragraph 3:140-3:142 (Rutter Group 2011)
¹⁷⁰ Depending on the facts, the tenant may be entitled to a rebuttable presumption that the landlord has breached the implied warranty of habitability. (Civil Code Section 1942.3.) This presumption affects the burden of producing evidence.
¹⁷¹ Moskovitz, California Eviction Defense Manual, Section 16.19 (Cal. Cont. Ed. Bar 2011).
¹⁷² Civil Code Section 1942.5(a).
¹⁷³ Moskovitz, California Landlord-Tenant Practice, Section 3.13 (Cal. Cont. Ed. Bar 2011). See Civil Code Section 1942(a).
¹⁷⁴ Penal Code Section 632.
¹⁷⁵ Civil Code Section 1942.6. A tenants' association does not have a right under the California Constitution's free speech clause to distribute its newsletter in a privately owned apartment complex. (Golden Gateway Center v. Golden Gateway Tenants Assoc. (2001) 26 Cal. 4th 1013 [111 Cal. Rptr. 2d 336]).
¹⁷⁶ Civil Code Section 1942.4.
¹⁷⁷ One reference book cautions against a tenant litigating implied warranty of habitability issues in small claims court because collateral estoppel precludes an issue decided there from being relitigated. Moskovitz et al., California Landlord-Tenant Practice, Sections 5.16, 5.39 (Cal. Cont. Ed. Bar 2006), citing Pitzen v. Superior Court (2004) 120 Cal. App. 4th 1374 [16 Cal. Rptr. 3d 628].
¹⁷⁸ Civil Code Section 1942.4(b)(1).
¹⁷⁹ Civil Code Section 1942.4(b)(2), Code of Civil Procedure Section 1174.2.
¹⁸⁰ Civil Code Section 1942.4(a),(c).
¹⁸¹ Civil Code Section 1942.4(a). See Health & Safety Code Sections 17920.3, 17920.10.
¹⁸² Civil Code Section 1942.4, which gives the tenant the right to sue the landlord as described in this section, also can be used defensively. If the landlord brings an unlawful detainer action against the tenant based on nonpayment of rent, and the court finds that the landlord has violated all of the five conditions listed in the bullets on this page, the landlord is liable for the tenant's attorneys fees and costs of suit, as determined by the court. (Code of Civil Procedure Section 1174.21).
¹⁸³ Code of Civil Procedure 1161b(a) This notice requirement shall remain in effect only until January 1, 2013, and as of that date will be repealed unless a later enacted statute that is enacted before January 1, 2013, deletes or extends that date.
¹⁸⁴ Portman and Brown, California Tenants Rights, pages 4-5 (NOLO Press 2010).
^184.1 Public Law 111-22, 2009 S896, Title VII, Section 702.
^184.2 Public Law 111-22, 2009 S896, Title VII, Section 702.
^184.3 Public Law 111-22, 2009 S896, Title VII, Section 702.
^184.4 California Code of Civil Procedure Section 1161c.
¹⁸⁵ Government Code Section 66427.1(a),(b).
¹⁸⁶ Government Code Sections 66451.3, 65090, 65091.
¹⁸⁷ Government Code Section 66427.1(c).
¹⁸⁸ Government Code Section 66427.1, 66427.1(a)2F. See Business and Professions Code Sections 11018, 11018.2, California Practice Guide, Landlord-Tenant, Paragraph 5:306 and following (Rutter Group 2011).
¹⁸⁹ Civil Code Section 1940.6.
¹⁹⁰ Civil Code Section 1940.2(a).
¹⁹¹Civil Code Section 1940.2(c).
¹⁹²Code Section 1940.2(b).

Reference: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

Pros and Cons of Quartz Countertops

Pros and Cons of Quartz Countertops Quartz countertops are relatively new, but they’ve found a loyal following because of their many good qualities such as their attractive appearance, durability and the fact they don’t have some of the weaknesses of natural stone. Also called engineered stone countertops, quartz countertops are here to stay. Here is a look at their strengths and weaknesses. Reasons to Consider Quartz Countertops Quartz is a manufactured product and can be very attractive. The manufacturing process allows a much wider range of colors than you’ll find in natural stones such as marble or granite. The appearance of the finished engineered stone is rich, even luxurious. The finish has a depth that can’t be produced with solid surface materials like Corian. Quartz has the same durability as concrete and granite, but is quite a bit more forgiving, so it won’t chip or crack as easily. It doesn’t have the same hardness in the feel that some people find unpleasant. Like other hard surface countertop materials, quartz is non-porous so it resists staining much better than granite, marble and concrete. It stands up to juice, oil, wine, tomato, coffee and other sources of stains in the kitchen. For cleanliness, a non-porous surface means that it will not harbor bacteria or viruses. You can always be confident that you are getting your quartz countertop absolutely clean, and that’s a great benefit in both the kitchen and the bathroom. Reasons to be Cautious about Quartz Countertops There aren’t many cons to this engineered stone. The biggest concern for some will be the price. When you get written estimates, expect quartz countertop prices to be $115-$200 per square foot. Keep in mind, however, that those prices are competitive with other high-end countertop materials such as granite, marble, concrete and slate. The look of quartz countertops is fairly contemporary. That isn’t necessarily a weakness since beauty is in the eye of the beholder. However, some homeowners will prefer the more natural look of granite, marble, slate or wood for their home. The seams on engineered stone countertops are sometimes noticeable too, about like those with granite countertops, but this isn’t a deal breaker for most people. Finally, quartz is not as resistant to heat as granite, crushed glassed or concrete, so caution will have to be used with hot pots and pans in the kitchen or hot hair tools in the bathroom. Summary For a contemporary, upscale look with very low maintenance required, quartz countertops are definitely worth considering. Be aware of the few potential drawbacks and their price. If you’re willing to live with those things, quartz countertops should meet or exceed your expectations.

4 Things You Didn’t Know About Quartz vs Granite

quartz vs. granite Granite countertops are quarried naturally from the earth as enormous chunks of stone. After they leave the quarry they are cut and polished into the familiar countertop shape. Quartz countertops contain crushed quartz mixed with resin in a ratio of 93% quartz to 7% resin. They are manufactured in a variety of different patterns and colors. pros and cons of quartz As with granite, quartz countertops also have their own sets of drawbacks and benefits that go along with them. 1.Quartz countertops are just as strong as granite but have the added benefit of being more flexible. This makes them easier to work with during the installation process. 2.Quartz is non-porous and does not require any sealing – ever. These stones offer a virtually no-maintenance material solution for countertops. 3.These counters are also very durable but they cannot be considered indestructible either. They are stain-resistant as well so dropping a glass of wine on them simply requires a quick cleanup. 4.One drawback that you should definitely take note of is these counters can discolor over time when exposed to direct sunlight. If you have a part of your counter that receives some of the UV rays from the sun while another part doesn’t, over time you may see a color difference. 5.These countertops need to be professionally installed and quartz is even heavier than granite. 6.You can expect to see seams with a quartz counter but they will be less visible if you choose a slab that’s darker in color. As well, the seams are easier to hide when you choose quartz because the counter has been colored and manufactured. If you buy a quartz countertop in a solid color, it’s much easier to hide the seam to a certain extent. With granite, the natural veins and colors in the stone will never allow the seams to appear less visible. The benefits and drawbacks of granite Here are some of the most important drawbacks and benefits of granite that you need to know: 1.The appearance is not uniform. These stones are coming right out of the earth and are not perfectly designed by nature. For some this will be a benefit while others will consider it to be a drawback. 2.Granite countertops will need to be sealed before they are used and this will need to be repeated year after year for as long as you own the countertop. Granite is a porous stone and can only be considered to be stain-resistant if it has been sealed properly. While some people only seal their granite countertops every 3 years, it’s best to be safe and to do it yearly. If for any reason the sealant on the counter gets compromised, your countertop can get stained. 3.Countertops made of granite are extremely durable but should not be considered to be indestructible. It is a natural rock and can break or chip if subjected to heavy abuse. For regular day-to-day activities though, and with proper maintenance, this is a countertop that can last for a lifetime and beyond. 4.The stones are heavy and require a professional installation. Don’t even think of hiring your neighborhood handyman to put in your new countertop to save a few dollars. 5.It’s impossible to hide the seams in a granite counter. Expect the seams to show up once it has been installed. 6.The samples that you see can slightly differ from the stone that you receive. Keep in mind that these are naturally occurring slabs so the samples cannot be a true 100% reflection of the stone you are ordering. There may be color variances or occlusions in the stone you receive that gives the slab a slightly different appearance. If you spend some time browsing through the internet you’ll find a range of different reviews about quartz vs granite. While one homeowner will tell you that you absolutely, positively must get a quartz countertop, another reviewer will insist upon buying granite counters. When you do spend some time reading through these reviews, however, you will notice one point that stands out. Both quartz and granite countertop owners are defending their own personal choices with a vengeance because they are so completely pleased with their counters. At the end of the day, you can walk away from these reviews knowing that choosing either quartz or granite stones will provide you with a countertop that you’ll love! Let’s compare the cost This can be the biggest consideration when it comes to choosing between a quartz countertop and one that’s made of granite. If you’re like most people you have a budget that you’re trying to stick to for your countertop material. There’s no doubt that with either product you’re going to have to be digging deep into your pockets. A slab of granite is usually priced starting at $60 a square foot but the prices rise quickly from that point on. For quartz countertops, you’ll generally be paying anywhere from $67 up to $95 per square foot. For a 28 ft.² counter made of quartz you’ll have to budget for approximately $2200 – $3100. Here are some more details to help you get a closer estimate. In most cases you’ll end up paying more for granite unless you find something in the $60 range that you love. Prices can vary according to the manufacturer, the pattern and the color of the granite slab. Fortunately, during recent years, the prices on granite countertops have come down significantly since they first made their appearance on the market. Granite can often end up costing a bit more than quartz since it is a natural rock. This means that the complete slab needs to be excavated from the earth as one chunk of stone. This extraction along with the shipping of the product consumes a lot of energy, time and ultimately money. When it comes to granite slabs, you’ll need to be willing to pay the price for a thicker piece. The thinner the granite is, the weaker it will be as well. All in all, you may have to pay slightly more for granite, but the cost difference won’t be all that significant. The important thing is to choose a budget and then do your best to stay within it by choosing the quartz or granite stone that you think will look fantastic displayed in your kitchen. When it comes to aesthetics… This is personal choice only. Don’t let anyone else tell you which one looks better. There are some very beautiful brands that make quartz like Caesarstone and Cambria. If you’re looking at a painting and absolutely love it and then someone else comes along and tells you how bad it is, you’ll still love the painting despite the bad critique. The same goes for quartz versus granite. They both make lovely countertops and there is going to be one that grabs your fancy more than the other. It’s just human nature and you’ll have to decide for yourself which one you prefer the best. Some people like the look of granite more than quartz because it has a natural earthy aspect to it. Others prefer the sleek uniform look of quartz. The great news is that you can never go wrong by choosing either one! Why does granite seemed to be so much more popular than quartz? Back in the 1990s, granite officially became a status symbol in the world of countertops. You had “made it” once you owned a counter that was made of natural stone. There’s something about granite and its “back to nature” appeal that simply cannot be replaced by any type of quartz, marble or stainless steel countertop. It has secured its place as a must-have high-end stone and even nowadays it is deemed to be more prestigious than its counterparts. Granite continues to be the best-selling natural counter that you can find on the market, even though quartz continues to gain ground and even now that the prices of Silestone and other quartz manufacturers have come in line with granite. You can also get some very good deals on countertops at Ikea. The indoor air quality of your home There has been a lot of concern about the volatile organic compounds (VOCs) that may be present in either quartz or granite counters. Quartz countertops are comprised of approximately 90% quartz and 10% epoxy binder (resin) and acrylic. This means that most quartz tops have more VOCs than countertops made of granite. On the other hand, some granite slabs contain radon in very low levels. For the most part though, both of those countertops are considered safe for indoor use. Adding to the value of your home Adding a stone countertop to your home will definitely increase its value. While there are a lot of renovations you can do that will not contribute to the overall home’s value, a good stone countertop will raise the price value. You can expect to get back the value of your purchase when you resell your house later on. Adding a new natural stone counter can also help your home sell faster. It’s hard to believe what a difference a quartz or granite countertop can make when it comes to selling a home. Some potential home buyers will even ask their real estate agents if the home comes with a granite countertop. As well, if a buyer is looking at 2 homes that are similar and one has a stone counter while the other has a laminate one, the odds are good that the home with the quartz or granite counter will be the chosen one. If you had to compare Silestone and granite countertops you probably wouldn’t let that sway your decision as you would with an inferior surface. Going back to the status symbol effect of a granite countertop, you may want to keep in mind the effect it can have on a potential buyer if you’re planning on selling your home in the not-too-distant future. Granite countertops attract home buyers like honey! The environmental impact Today’s consumers are trying to make the best sustainable choices when remodeling their homes. In terms of countertops, quartz materials generally leave less of a carbon footprint. Many of these products contain content that has been recycled and the manufacturing process is more environmentally friendly. Granite needs to be quarried from the ground and then shipped across the world to the manufacturing site. While quartz is also mined oversees and then shipped to the United States, there is one company that does its own processing in this country. If you’re looking for the friendliest environmental choice it’s coming from Cambria in the form of a quartz countertop. Most of their products are made in the United States, which helps to support the local economy while saving on fossil fuels that would be required for shipping from abroad. Their products are also Greenguard Certified, meaning that they do not have any type of impact on the air quality indoors. This company also recycles all of the water used during the manufacturing process. When it comes down to it, there is a lot of energy being used for the manufacturing and excavating of both of these stone countertops. On the other side of the coin, however, they are both extremely durable and can last a lifetime when cared for properly. In this regard, they can be viewed as a sustainable countertop that can conceivably last the entire lifetime of the home. Most people are only going to remodel their home 2 to 3 times during the span of their life. During the time delay between these remodeling efforts, a lot of changes can occur. The newer generations are looking for something different than their grandparents had and not all consumers are choosing granite just to make an impression. Today’s homeowners put more value on individuality and are often looking at new ideas for countertops. The ease-of-use and aesthetics of all stone countertops, including granite and quartz, are also important factors when it comes to countertops that fit into today’s busy lifestyles. So which one should you choose? The one that you find the most aesthetically pleasing, fits into your budget and highlights the mood and ambiance you are trying to create in your kitchen. Because when it comes down to it, there really is no wrong choice. There’s just personal preference

buy real estate as sole and separate property even though it is a community property state

A husband or wife can buy real estate as sole and separate property even though it is a community property state. A husband or wife can freely relinquish their real estate rights or responsibilities legally through a quitclaim deed. There are legitimate reasons for doing this. --If the real estate would be owned by a trust, corporation or partnership where one spouse is not a member. --If one spouse owns a small business and it needs to purchase a piece of real estate. --If one spouse had filed bankruptcy. This is common in second marriage situations where one spouse filed bankruptcy before the second marriage. Often, the only way to get financing is if the non bankrupt spouse purchases the home sole and separate. Sometimes the stay-at-home parent quit-claims to the income-earning spouse the asset and debt, with a consideration paid for exchange. The best story to illustrate this was the lore about the husband who was a real estate investor. He assumed all the risk for his investments To induce his wife to sign the quit claim deeds, he promised her an expensive piece of jewelry of her choosing. Later in life she ended up with a collection of jewels suitable for a queen. He went broke... Conversely, if the loan for the property is in both the name of the husband and wife, the lender will require that the property's title list both husband and wife in their instructions to the escrow company. Nolo defines separate property: In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the states property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property " for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution. Property owned prior to and brought into a marriage is considered separate property. In order for it to remain 'separate property' it must never be commingled with marital or community property. Once separate property is commingled with marital or community property it becomes community property and cannot be undone. Some states, such as California, have a separate property rule that says that all property brought into a marriage, including gifts and inheritance, which is kept separate and apart from community property remains the separate property of the spouse that owns it. If one spouse enters a marriage with a checking account with a large balance, say $100,000 and both parties deposit to this account and pay bills from it, the protection of separate property is removed and the original $100,000 has become community property. In this case if the marriage were to come to an end the $100,000 would be divided between the parties. Had the account been kept separate from the marriage, the original owner should leave the marriage with the $100,000 intact as separate property. If one spouse enters the marriage already in possession of the home they must have a separate checking account for the management of the separate property. They must be careful not to deposit related funds to or from a community property account. If this is done, the home will most likely be deemed to be community property in the event of a divorce. Anybody concerned with separate property issues should seek the advice of an attorney or a financial professional prior to entering into a relationship. They should then follow their advice.