Bay Area Landlords and Rental Repairs

This is the standard first step in this process,  issuing your landlord via email or post with a written request to make the necessary repairs. Ensure you cover the reason for this request, such as the necessary repair,  any negative impacts of its current conditions, and the level of urgency.  

Upon receiving such a request, a landlord then has a reasonable length of time to action any repairs, often 30 days unless stated otherwise. Tenants should keep personal records of any and all written correspondence, as well as images of the  fault or damage, to ensure adequate evidence if the landlord fails to conduct said  repair. 

If your landlord fails to respond within the specified timeframe (e.g. 30 days), tenants  should issue a second written request if the issue is not of an urgent nature. 

After a landlord’s failure  to respond or action a repair, the next step in the process is for the tenant to contact  the relevant code enforcement agency to escalate the situation. However, this route can prove problematic for a tenant residing in an unpermitted or illegally let property. 

Upon request, tenants can arrange for an inspection of their rental property to identify any areas in need of attention. If the inspector finds a code violation, they will issue the landlord with a Notice of Violation and order them to make the required adjustments at risk of financial penalty.  

Depending on the location and violation in question (e.g. mold damage, pest  infestation) the tenant will need to contact a specific agency to address their concerns. Below are some of the most commonly used agencies for rental unit  inspections:  Pacific Gas & Electric (PG&E); City of San Francisco Department of Building Inspection; City of San Francisco Department of Public Health; City of Berkeley Housing Code Enforcement; City of Berkley Vector Control Program; City of Oakland Code Enforcement Department; City of Hayward Code Enforcement Division; City of Alameda Code Enforcement Department; Alameda County Vector Control Services and Alameda County Public Health Department; City Richmond Residential Rental Inspection Program; and Contra Costa County Mosquito and Vector Control.

Following the submission of written notices and a failure to respond on the landlord’s part, the tenant may decide to make the necessary repairs independently and deduce any accrued costs from upcoming rent  payments.  CAL. CIV. CODE § 1942. A deduction of up to one month’s rent to pay for repairs may be taken up to two times in a twelve-month period. Id. A copy of the receipts should be submitted to the landlord along with the reduced rent payment. Id. 

However, this option is not without risk as tenants may be at risk of eviction as a  result of ‘nonpayment’ of rent. We recommend speaking with a tenant law  professional before pursuing this route. 

Please note - we recommend speaking with a tenant law professional before moving forwards with non-payment of rent.  

In a situation where a landlord is either not responding or refusing to make the  required repairs, tenants may decide to withhold rent payments until the necessary work has been completed.  

Whilst this option does place the tenant at risk of eviction on the grounds of non payment, it can be an effective last resort to motivate landlords into making the required repairs.  

Before the next scheduled payment date, tenants should ensure they give sufficient  notice to the landlord of their intention to withhold rent. There is no legal stipulation on duration or amount of rent to be withheld.  

Whilst not ideal, choosing to leave a substandard property in lieu of repairs can be an effective option for tenants. CAL. CIV. CODE § 1942. If a tenant abandons a rental unit because of serious health and safety concerns, the landlord is not entitled to collect rent. Id.

If a tenant sees no way forward but to vacate a property in fear of their health or  safety, they likely have a strong case to take to court against the landlord. In the  case of forced eviction due to insufficient repairs or maintenance, a tenant can file a cause of action for constructive eviction.  Stoiber v. Honeychuck, 101 Cal. App. 3d 903, 921 (1980), citing Groh v. Kover’s Bull Pen, Inc., 221 Cal. App. 2d 611 (1963).

Before leaving the property, tenants should speak with a tenant law professional and  subsequently provide the landlord with written notice of their intention to vacate. If a tenant has vacated their property before giving notice, a legal expert can advise on  any potential opportunities for legal action. 

California has a local rent board which enables tenants to file official requests for decreased rent in the event of reduced  living standards and refusal to repair.  Examples include the City of San Francisco Rent Board, the City of Oakland Rent Adjustment Program, the City of Berkeley Rent Stabilization Board, the City of Richmond Rent Program, the City of Alameda Rent Stabilization Program, and the City of Hayward Rent Stabilization Program. 

Before taking this option, tenants should ensure they have a comprehensive record  of all written repair requests and any other correspondence with the landlord. With  these records, tenants are able to evidence that the landlord has refused to respond or conduct the necessary repairs, demonstrating a considerable decrease in the  service they receive in return for their rent.  

Local rent boards or rent-control agencies do not have the power to demand a  landlord conducts repairs – only that they must reduce the rent payments as a consequence. As such, this option should only be pursued if the property is still in a safe, livable condition, as the tenant may have to continue habitant in the condition it currently exists in.  

Before taking any formal legal action, contact Broderick Brown to discuss your options.