Landlord is Requesting I Pay for All Repairs

Hi there,

I find myself in a difficult situation. As I just noticed my new lease includes that I must pay for all repairs (even roof, walls, electrical issues, plumbing) due to the unusual use of the rental property.

Is this legal in California?

Thank you for your help!

[rosieteddy]

I would talk to a lawyer before signing that.Seems very unreasonable .A normal security deposit should cover you enough.

[Blackcat31]

Here is helpful some info just from Googling....

http://childcarelaw.org/wp-content/u...l-Property.pdf

https://www.kts-law.com/a-trap-for-t...st-child-care/

[CalCare]

I am in CA and I have to pay for most repairs and it's not because of my childcare. They take every dime out of renters that they can. Just like we would keep every dime that we possibly can. It just is what it is and it's legal.

[ardeur]

Originally Posted by Unregistered

Hi there,

I find myself in a difficult situation. As I just noticed my new lease includes that I must pay for all repairs (even roof, walls, electrical issues, plumbing) due to the unusual use of the rental property.

Is this legal in California?

Thank you for your help!

My gut is saying they cannot do this. Don't sign anything until you talk to someone at the Child Care Law offices. Make sure you send them a scan of the lease agreement.

[lblanke]

Don't sign it if you do not agree to it. This reminds me of the posts where parents ask if it is legal to have to pay for holidays. The answer is always, "what does your contract say?"

In general landlord is allowed to customize the lease to a particular property/rental so yes I think they can do this.

Also can you please stop asking me what state is on Lake Erie??

[LK5kids]

The roof! Electrical? That's crazy and really, really taking advantage of renters.

[LysesKids]

Originally Posted by Grey

In general landlord is allowed to customize the lease to a particular property/rental so yes I think they can do this.

Also can you please stop asking me what state is on Lake Erie??

4 states border Lake Erie as does part of Canada, so asking is OK since there is more than one state... also, except in AR, where there are no renters rights and they run on Common Law (ask me how I know), requiring a tenant pay for total repairs actually is against most states landlord tenant rules unless it's a house that said tenant might be purchasing, or they have an agreement that fixing up the place is in lieu of a certain amount of rent. It might be different for a home business, but even then, I think there are rules that cap what can legally be asked for in a lease

[MOM OF 4]

Originally Posted by Unregistered

Hi there,

I find myself in a difficult situation. As I just noticed my new lease includes that I must pay for all repairs (even roof, walls, electrical issues, plumbing) due to the unusual use of the rental property.

Is this legal in California?

Thank you for your help!

I hope you don't sign that. You are NEVER responsible for electrical, roof, plumbing. I can see walls (like holes that you or kids or animals cause) or flooring if damaged. But regular use of the home, even as a daycare center, is NOT "unusual use" nor would any of those things cause problems with electricity, roof, or plumbing. That ll is NUTS. I would tt him and tell him NO WAY am I paying for the dwelling STRUCTURE. I will ONLY pay for damage *I* cause. AND BE 100% sure any amended lease gives example of said damages: (holes in walls, broken ligh fixtures, stains in carpet, slime stuck in the stove, etc.) You're not there to refurbish his home. Additionally, I would want to verify he has homeowner's insurance for the outside of structure for a sudden and accidental catastrophe. If not, this is a huge problem for you, and you might want to move. Make sure you have renter's insurance, also.

[CalCare]

It's legit. I rent a house from an owner who hired a rental management company. It's a very big one that is used by many properties in town. And yes we renters are all responsible for most repairs. I have an old house and the plumbing is always screwed up and I have to pay the plumber (who are terrible plumbers, but I HAVE to use their plumbers) at least once every three months.

[MarinaVanessa]

In CA? Doubt it.
But you'd need to contact an attorney that specializes in family child care. Here in CA we are a protected class and some laws and HOA regulations don't apply to us because of that protection. Basically landlords cannot hold family child care homes to different renter rules than they would a normal tenant other than to request a higher deposit and require you to have liability insurance and name them on it.

Anything that would be covered under "normal wear and tear" would still need to be covered by the landlord just like the ould a different tenant. If a window broke or something similar then that woud not be "normal wear and tear" and the tenant is responsible. A leak in plumbing or the roof for example is "normal wear and tear" and the landlord is responsible.

I'd never sign a contract that required for me to be responsible for normal wear and tear.

[Blackcat31]

https://www.stimmel-law.com/en/artic...california-law

https://homeguides.sfgate.com/respon...rds-63818.html

https://students.ucsd.edu/_files/sls...ordTenant1.pdf

[Blackcat31]

California Tenants: A Guide to Residential Tenants and Landlord Rights

https://www.achhd.org/documents/Cali...ants-Guide.pdf

[LysesKids]

Originally Posted by CalCare

It's legit. I rent a house from an owner who hired a rental management company. It's a very big one that is used by many properties in town. And yes we renters are all responsible for most repairs. I have an old house and the plumbing is always screwed up and I have to pay the plumber (who are terrible plumbers, but I HAVE to use their plumbers) at least once every three months.

See, that would piss me off to no end if I had to use their approved people; I'm paying for it, my choice. I know legally in the insurance industry it's that way, why not repair people?