What is a reasonable time for landlord to repair?

It says landlords should fix major problems within two weeks if they pose a threat to a tenant's health and security, such as a broken boiler in the depths of winter.

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Clause Dealing with Asbestos and the Landlord Obligation to Remediate...

Sacramento California Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations

Name: Sacramento California Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations
Brand: US Legal Forms
Rating: 4.56 (327 reviews)

Category:

Landlord Tenant - Commercial Leases

State:

Multi-State

County:

Sacramento

Control #:

US-OL10043BA

Format:

Instant download

Description

This office lease clause deals with asbestos and the obligation of the landlord to remediate asbestos during initial alterations.

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FAQ

How long does a landlord have to fix something? In California, State law gives landlords 30 days to fix habitability problems. Additionally, less time is given if the circumstances warrant prompter attention (e.g. a broken front door lock requires immediate attention).

Asbestos. Asbestos may be found in properties built before 1981. Depending on the number of employees a landlord (or property management company) has, the landlord may or may not be required to make asbestos disclosures, and/or add a lease addendum.

Use of asbestos was banned in the UK in 1999 but you can still find it in many properties. Landlords should assume that asbestos is present in all pre-2000 buildings. If it's in good condition and not damaged or disturbed then it shouldn't present a risk.

Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.

Once airborne, the fibers can be inhaled and become lodged in the lungs, creating scar tissue. Decades later, more serious health concerns may arise, including cancers like mesothelioma or lung diseases like asbestosis.

The plan for dealing with asbestos will depend on its current condition. If a survey reveals the asbestos is sound and best left undisturbed, a landlord has no legal obligation to act. Many tenants will be unhappy about the idea of asbestos in their home and it may be prudent to have the material removed.

If you built the property, you must ensure there are no major defects, which include asbestos. If a tenant is reasonably affected by such defects, they can sue for compensation under tort law. The court can then order the landlord to carry out any work required to rectify the problem.

Under the California Civil Code, landlords of a property must ensure that certain conditions are met which make the living space habitable and safe for potential lessees. These conditions include ensuring proper electric, gas, and plumbing utilities, as well as installing proper locks and security systems.

It says landlords should fix major problems within two weeks if they pose a threat to a tenant's health and security, such as a broken boiler in the depths of winter.

If you find something in your home that you suspect is asbestos, don't touch it. Even if the material is in good condition, the best option is to leave it alone. If the material appears damaged or future activities could disturb it, contact a trained and accredited asbestos professional.

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Multifamily rental housing in the City of Sacramento of Sacramento. Unlike federal laws around paint hazards or mold, there are no landlordspecific disclosures regarding asbestos exposure in rental properties.

The first step we recommend homeowners do the research is to go into their existing rental property and speak with the renter. If you speak with the renter regarding asbestos, the tenant will almost certainly be aware that he or she has been exposed to asbestos. It is important for all homeowners to take the time to thoroughly educate themselves about the rental property. The first thing we recommend homeowners do when speaking with their renters about asbestos is to ask the renter, “Is it true that I am more sensitive to asbestos that the tenant?” If the tenant answers “yes”, then follow up with the following: “I noticed in your rental unit that there are some small holes in the insulation near the light fixture. What size holes and how far apart are they?” The tenant will likely respond by saying “small hole” or “one inch from the ceiling” or “one inch in the wall.

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Sacramento California Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations

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How to fill out Sacramento California Clause Dealing With Asbestos And The Landlord Obligation To Remediate Asbestos During Initial Alternations?

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Does my landlord have to remove asbestos?

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What is the Sacramento Clause Dealing with Asbestos?

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When does the Sacramento Clause apply?

Why is the Sacramento Clause important?

What is asbestos and why is it a concern?

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