California Association of Realtors Month-To-Month Lease form (tenant, rental, security deposit)

[likesAppliances]

As I was going over my contract, I noticed that nowhere does it spell out the owner / landlord's required turn-around time to repair the premises. It's apparently the standard California Association of Realtors form suggested in many books for landlords such as "California Real Estate Law" and he's changed almost none of the boilerplate text.

According to California law...
http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

If the landlord doesn't make repairs, the tenant doesn't seem to have much recourse. The best options, "Repair & Deduct" or "Rental deduction" require waiting upto 30 days and are specifically barred by the contract. Abadondonment and lawsuites require your health or safety to be in danger or a 'serious habitability defect'.

Doesn't this seem rather risky? He claims and I believe in the past he's repaired things usually within 1-3 days. Why shouldn't the contract specify something, say a 7-day turnaround for repairs or repair & deduct is an option?

The contract is very good at specifying my obligations.

[likesAppliances]

I would hate to be in a situation where my microwave breaks and I just have to live with it because I signed a dumb contract.

Update:According to this site 'habitability' includes much more than one would at first expect:

http://www.caltenantlaw.com/HabChecklist.htm

But the actual California Civil code seems to define 'habitability' much more narrowly:

http://law.onecle.com/california/civil/1941.1.html

[likesAppliances]

It seems multiple source support this more liberal definition of habitability:
FAQs Codes and Habitability - City of Berkeley, CA

In addition, a closer inspection of the contract shows:

17. Alterations; Repairs: Unless otherwise specified by law or paragraph 29C...Tenant shall not deduct from Rent the cost of any repairs, alterations, or improvements...

So the contract does not in any way limit my rights to deduct and repair.

[jdm2008]

Originally Posted by likesAppliances

It seems multiple source support this more liberal definition of habitability:
FAQs Codes and Habitability - City of Berkeley, CA

In addition, a closer inspection of the contract shows:



So the contract does not in any way limit my rights to deduct and repair.

What does paragraph 29 C say?

[likesAppliances]

The '...' includes 'tenant shall not make any repairs', so 29C is really an exemption to that, it says a couple weeks prior to move-out tenant has the right to ask the landlord to inspect the property in front of them and itemize anything that will prevent a return of the security deposit. Tenant has a right to make such repairs himself rather than surrendering the deposit.