Legal Question in Real Estate Law in California

We are renting a home in San Diego county and the pool's enclosure is not 60 inches. The home was purchased in 2013. Is the landlord required to meet the new safety laws?

The home also has LOTS of rotten wood on outside support posts around the house. Are they required to repair that. The siding is also rotted through on many areas. We were told these things were going to be handled before we moved in. Also the landscaping is not near up to HOA regulations. Can we repair these items and deduct from the rent?


Asked on 4/12/14, 7:23 pm

1 Answer from Attorneys

Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Contact the city regarding the pool enclosure and other pool safety laws. Not all of them apply to private pools, but the landlord may be taking a risk by not putting in all safety measures available.

As for the rest of the items, be careful repairing on your own and then deducting. That is usually only available for habitability issues and not those you describe. As for HOA regulations, that is usually the responsibility of the owner, not the tenant. You may want to have your lease reviewed by a local landlord tenant attorney.

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Answered on 4/14/14, 10:39 am


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