When a home is being sold “as is”, does the landlord still have to make habitable type repairs while the home is still being occupied by tenants?

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When a home is being sold “as is”, does the landlord still have to make habitable type repairs while the home is still being occupied by tenants?

The home I am renting is a short-sale and is being sold “as is”; however, it seems this would not remove the landlord’s obligation to make habitable type repairs (e.g. plumbing, working toilets and showers, gas and electric). I understand what is considered a “reasonable” amount of time to fix something varies depending on the issue but when it is known the tenant will occupy the dwelling beyond what would be considered reasonable does the landlord have to make the repair or can they say “sorry, the unit is being sold as is so I am not going to make the repair?”

Asked on June 27, 2012 under Real Estate Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

Any leased property must comply with an implied warranty of habitability, which includes such basics as working plumbing, windows and doors.  You can sue for breach of the implied warranty of habitability and recover your rent back, or you can stop paying rent and if you are sued by them defend yourself.  I would pay the rent and sue to get my rent back if I were you. 

Best of luck.  If you are in Ventura County and would like our firm to represent you, let me know.


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