I have a very small leak in the ceiling of a condo that I own. The current tenants lease has expired, but they would like to renew. The leak is very minor and the tenants are already aware of the issue. They have been living with the issue for two years, as it only leaks a couple times a year and the amount of water is minor. It only leaks during a large rain storm, which is not often in LA. The condo is a top floor unit, so the ceiling is below the HOA roof.
I am writing a new lease. Because the tenants are already aware of the issue and it is so minor, can I ask the tenants to waive their rights to make any claims against me or withhold rent because the leak violates a city of state code? I will add that the HOA is responsible for this type of problem in the lease.
Yes, you can do so. It seems the leaky ceiling is a problem which does not substantially affect the unit's habitability. Therefore, a waiver would be fine so long as there is also recital in the lease agreement regarding the background which you provided in your post.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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