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CA owner’s action plan

Is your property manager not fixing repairs?

When a property manager neglects repairs that affect habitability, the legal liability lands on the owner — not on the firm. California's implied warranty of habitability runs from owner to tenant; the management firm is your agent, but the duty is yours. A property manager who isn't addressing maintenance is exposing you to a legal problem you didn't create.

The habitability framework in California

California Civil Code §1941 creates an implied warranty of habitability in residential leases. The landlord is responsible for keeping the unit in habitable condition — weather-tight, with working plumbing, electrical, heating, and the other items the statute enumerates. The remedies available to a tenant when habitability is breached include withholding rent (under specific conditions), repair-and-deduct, and in extreme cases constructive eviction claims.

None of those remedies care that you outsourced the work to a property manager. The duty stays with the owner.

What to do in the next week

  1. Document the issue in writing. Get the tenant's complaint in writing (email is fine), and document your written instruction to the property manager to address it.
  2. Set a written deadline. Email the property manager with a specific deadline (48 hours for urgent habitability issues, 7 days for non-urgent maintenance). Save the email.
  3. If the deadline passes, dispatch a vendor directly. California law allows the owner to authorize repairs even when a management firm is in place. Pay the vendor yourself; deduct from the firm's management fee or recover via demand letter.
  4. If habitability is at risk, get it fixed regardless of who's nominally responsible. The tenant's potential claim against you is bigger than any disagreement you have with your management firm.

Is this grounds to terminate the PMA for cause?

Yes. Most California PMAs explicitly require the firm to address maintenance within reasonable timeframes. Failure to do so is a material breach, supporting termination for cause without an early-termination fee. Document the non-response, send a written demand by certified mail, and treat continued non-response as the breach event.

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