How long can landlords legally take to make repairs? Here’s what a Sacramento attorney says

Reality Check is a Sacramento Bee series holding officials and organizations accountable and shining a light on their decisions. Have a tip? Email realitycheck@sacbee.com.

You stare at your broken air conditioning unit as hot, summer air creeps into your Sacramento apartment.

The AC hasn’t been working despite multiple maintenance requests to your landlord.

With temperatures continuing to heat up, what can you do with a broken appliance? How long is too long for repairs to go unaddressed, and can you take legal action?

Nearly a year ago, a 74-year-old woman died from a heat stroke in her Sacramento apartment.

The key to turn off the furnace in Marione Okiku’s River Park apartment was broken, exposing her to high temperatures for several days, according to a coroner’s report.

Now, her sister is suing Okiku’s corporate landlord, claiming that they failed to “take any action to repair or replace the heater” despite multiple requests.

“Those negligent acts and omissions were a direct and proximate cause of the death of (Okiku),” the lawsuit alleges.

The Sacramento Bee spoke to a local attorney about what renters can do when landlords and property managers don’t address repairs.

How long should it take for landlords to make repairs?

It depends on what the issue is and the circumstances, according to Jonathan Stein, an attorney practicing landlord and tenant law in Elk Grove.

“If we’re in the middle of 10 days of 100-degree weather in July, and your air conditioning goes out, the landlord probably needs to get somebody out that day or the next day,” Stein said.

The landlord also needs to show that they are taking reasonable action to get the issue resolved in the next few days, Stein said.

“If the landlord calls 10 different repair companies, and they all say they’re booked solid and they can’t get there for four days,” he said, “the landlord’s been reasonable in their efforts.”

The timeline can be more lenient if it’s not an emergency.

For example, if your air conditioning or heating unit is not working but the forecast calls for temperate weather, the landlord has about 30 days to get it fixed, Stein said.

According to the California Tenant Guide, the law generally considers 30 days to be “reasonable.”

“But a shorter period may be considered reasonable, depending on the situation,” the guide said.

What if I need an emergency repair?

There are circumstances where quick repairs are necessary — rain or shine.

Issues with hot water or plumbing, for example, must be remedied immediately, Stein said.

These repairs affect residents’ health and safety, and the landlord needs to get someone out to fix it as soon as possible, he said.

However, tenants need to have reasonable expectations about those fixes.

If the unit is not getting hot water at 9 p.m. on a Sunday, it’s probably not reasonable to expect repairs at 10 p.m. the same day, he said.

However, it is reasonable to expect the landlord to call for help the next morning and to fix it that day.

“The trick is always — what’s the problem and what steps would a reasonable person take to fix it?” Stein said. “What I usually tell tenants when they call is: ‘put yourself in the shoes of the landlord.’”

At what point is a landlord being negligent?

If a landlord is taking more than 30 days to address non-emergency repairs, they are probably negligent, Stein said.

But if it’s an emergency and they are taking more than 24 hours to address it, they are likely negligent.

What can tenants do?

The first thing tenants should do when requesting maintenance, Stein advised, is to document, in writing, every step they are taking to remedy the issue.

After calling the landlord to inform them that a repair is needed, you should follow up with an email or text message — or something that creates a record. You should also check on the landlord’s response.

It’s crucial for renters to track the progress of repairs, Stein said.

If the landlord is being non-responsive, there is a remedy called “repair and deduct,” Stein said.

“The ‘repair and deduct’ remedy allows a tenant to deduct money from the rent to pay for repair of defects in the rental unit if the repairs would not cost more than one month’s rent,” according to the California Tenants Guide.

The tenant must notify the landlord of their intention to fix the problem, Stein said, and pay for the repairs themselves.

When should you take legal action against your landlord?

If the issue affects the health and safety of the tenants and persists due to the landlord’s unresponsiveness, Stein said tenants should start legal proceedings as soon as possible

This includes broken air conditioning in the summer, no hot water or a leaking gas stove.

“If you’ve gone through all the steps that you can and the landlord chooses not to respond or isn’t fixing the problem,” he said, “then you definitely need to talk to an attorney.”

Under California law, landlords are required to ensure an apartment is habitable.

An apartment is habitable when “the rental unit is fit for occupation by human beings and that it substantially complies with state and local building and health codes that materially affect tenants’ health and safety,” according to the California Tenant Guide.

This includes having a fully functional heater and having proper window or fan ventilation.

Stein recommends people check with their city for specific rules for landlords.

In Sacramento, there is a Tenant Protection Program that outlines what residents can do about unresponsive landlords.

He said tenants should spend time educating themselves about their rights, using reputable resources such as the state Department of Consumer Affairs’ California Tenants Guide.

What do you want to know about life in Sacramento? Ask our service journalism team your top-of-mind questions in the module below or email servicejournalists@sacbee.com.