Landlord Issues 2 Questions

We have been living in an apartment for 10 months. We are in a situation where the LL has been very slow to deliver on a number of items, most of which we noted upon moving in. This list includes slow delivery (months) of a missing garage opener, and slow fixing (again months) of clogged pipes, broken appliances, non-existent seals around bathtubs and now an issue of a breaking closet bar that is built into the apartment. This closet bar is peeling away from the wall and the shelf holding it. The amount of clothing hanging on this bar is moderate and the bar should easily hold. So first I have a question of who should be responsible for fixes to something that is built into the apartment when it is breaking with normal wear and tear?

Anyway the issue of the closet is just kind of the straw breaking the camel's back and along with the above, the LL has become rude and boisterous about a large number of things with regard to tenant responsibilities which were never discussed prior to the moving in. These include things like specific instructions on specific ways and chemicals that he expects us to buy and use on the floors, counters and cabinets.

So as we are thinking about just the overall pain of this LL, he brought up that he forgot to get the signature of one of the tenants on the lease. So my second question is whether or not when 2 tenants are specified on the lease and the lease is only signed by one, is this 2-yr lease still valid in the state of CA?

Thanks for your feedback!

Yes, it's valid. But you are the only one he can hold responsible for any damages and unpaid rent. So think twice about these things. Your roommate can't be held accountable or sued - only you can because you signed. You are the sole person responsible for anything to do with that lease.

Were the pipes clogged when you moved in? Was the seal around the tub missing then? Did you note this on your move in inspection? Did you inform the LL in writing to repair these things? These things are important and needed to be repaired. Have they been repaired now?

A garage door opener and a closet bar are not a necessity. Closet rods are usually strong enough to hold a normal load, but many tenants overload these with too many clothes. If it is pulling away from the walls there are 2 possibilities. 1) It wasn't securely fastened to the walls to begin with (if so the LL should repair at his cost). Or 2) You have too many clothes on it (in which you pay for the repairs). How to tell? If the shelf and fasteners are still attached, you have too many clothes on it. It is causing the var to pull away from the places it is fastened to the wall and it remains firmly fastened. If the shelf and fasteners are coming out, it is not installed correctly.

Thanks for the note. Yes the items were documented and shared with the LL, and things like the dishwasher not working for 4 months was a result of the improper installation of disposal which was the cause of the drain blockage, which his handyman had installed. Most of the stuff has gotten fixed eventually, so I'm satisfied with most of it.

Everything is still in tact in the closet actually, just the bar and the 2 braces are peeling off of the wall and away from the shelf to which it is connected. All that is holding those braces are 2 thin little nails along the side and the top. The closet rod is literally something like a 15 foot rod, with only about 20 suits on it and about half a dozen pairs of pants. I've seriously put more contents in a wardrobe box. I guess we should just take pictures of it to try to document it and hopefully he comes to his senses.

Anyway if there are any more thoughts, again it would be greatly appreciated.

Definitely take photos. A 15 foot rod would have to have supports in the middle no matter how it was fastened to the wall. Unless it is a solid bar (doubt it), it needs support for that long of a span. Tells me it was installed incorrectly.

Sounds like this LL has an incompetent handyman that he uses for everything.

You have ways to handle these problems legally. Send notice of needed repairs to the LL in writing, by certified mail, return receipt requested. Keep a copy and the postcard that comes back to prove when he received the request. Give him up to 30 days to correct non-emergency items. If he fails to repair, use repair and deduct law to make the repairs yourself and deduct the cost of the repairs from the rent per CA Civil Code 1942.