We just signed a 1 year lease. We had the house inspected, we found out the outside deck have termites, mold in the laundry rm and garage a/c unit mis

Asked by Renter, Anaheim Hlls, Anaheim, CA Fri Sep 24, 2010

sing. Who pays for the repair?

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Shel-lee Davis’ answer
Shel-lee Dav…, Agent, Rolling Hills Estates, CA
Fri Sep 24, 2010
First, have you advised the owner or property management company about these conditions? What was their response? They may be completely willing to make the necessary repairs so that they do not subject themselves to possible future liability if, for example, the deck fails or someone is alergic to mold.

Generally, the answer to this question of who pays for repairs would be in your lease documents. If it not clearly stated or if it appears that the landlord expects you to pay for these repairs, I would also check with a tenant's rights attorney. I believe that the owner has the duty and responsiblity to keep the home in habitable condition. Weak timbers in a deck and mold may make the home unsafe and therefore not habitable.

I would be careful about backing out of the lease without legal advice. You have signed a binding contract. You might not get your deposit back and you could be liable for the rents due under the lease, at least until the time they find a new tenant. Hopefully, you are dealing with reasonable people and there is nothing to be worried about. Dare to Dream.

Shel-lee Davis, QSC®
Certified Distressed Property Expert – CDPE®
Short Sale & Foreclosure Resource – SFR®
Certified HAFA Specialist – CHS®
Your Real Estate Consultant for Life
RE/MAX Palos Verdes Realty
http://shel-lee.listingbook.com
1 vote
Mary and Mic…, Agent, Yorba Linda, CA
Thu Oct 21, 2010
Not knowing where you are residing from your inquiry, different solutions to your concerns may be customary in your area. In the Orange County, CA area, it is not typical of a tenant to conduct a professional inspection on a home they are leasing (may actually be a good idea though). Regardless, if the outside deck is determined to be unsafe due to termite activity and/or damage, I would think the landlord would want to remedy the safety hazard. Mildew or mold discovered in the laundry room may have been a pre-existing condition, as it doesn't necessarily materialize overnight.
The important treatment of any mildew or mold concern is to remedy the source of the moisture to curtail further damage and prevent a future reoccurrence. Again, I would think a conscience landlord would want to address this issue promptly...it only grows worse. Garage A/C units are uncommon in our area, and may not be high on a landlord's "to do" list, unless there was an agreement to include this amenity (I.e., storage of items that needed to be kept at a certain temperature, etc.).
0 votes
Karen Parsons…, Agent, Laguna Beach, CA
Sun Sep 26, 2010
Hi,

As the others have said, in California.....you must be provided a safe environment to live in.....clearly mold is not a safe condition. You should consult with the landlord, and if necessary, an attorney. If the home was represented as having AC and doesn't, then this is also something which must be corrected.

If the landlord does not respond, you have rights to correct the problem and an attorney can help you navigate this.

Karen
0 votes
Mahesh Patel, Agent, Anaheim Hills, CA
Sat Sep 25, 2010
Each case is different.
What you may be an 'unsanitary living conditions'.
The Landlord is reponsible for repairs and also expenses of a hotel stay if you have to move for tenting or mold work etc.

I know of a lanlord that had to pay for repairs and hotel expensed becuase tenant found mold after they moved.
Sellers were nice enough to do the work for them.

Please let me know if the landlord needs mold and termite guys. You have to use reliable one. I can refer the landlord for your benefit.

Mike Patel
Web Reference:  http://www.mikepatel.com
0 votes
Lucy Proulx, Agent, Newport Beach, CA
Fri Sep 24, 2010
Sorry..didn't get the question..but based on what you wrote...call me..I can provide Free Termite inspection-after that gets done..you wil be able to decide on how to proceed..remember if you leased ..the owner cares about the property...make them awared of what it is going
Lucy Proulx
714-815-3644
First Team Real Estate
0 votes
Bonnie Hart, Agent, Mission Viejo, CA
Fri Sep 24, 2010
If you haven't moved in yet don't.
0 votes
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