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What is the responsibility of the Landlord when it comes to the repair/maintenance of the cable wiring (as in-wall TV cabling)?
Anonymous2 views2 answers
I recently moved into an apartment and the cable company said that the cable between the company's hookup and the unit was damaged. This would require that the walls and possibly ceilings be opened to repair the cabling.
The corporate owners refused to do the repairs saying that it was too costly citing that there are other internet/tv options. But from all accounts, the only other internet option, in my opinion is unacceptable. (The cable company provides 12Mbit/s while DSL is 1.5Mbit/s).
I have read through the entire lease, and there is nothing regarding the cable readiness of the unit or repairs as such. But advertisements and their website note that their Unit Features include "Cable ready".
Can somebody shed some light on the legal responsibilities of the landlord?
Thank You.
Under California law, the landlord is under an obligation to put and keep his rental units in a condition fit for human occupancy, except for those conditions caused by his tenant's want of ordinary care. (Civil Code sections 1929 and 1941.) The landlord is obligated to wire the premises for at least one telephone line (Civil Code section 1941.4). However, the landlord is not obligated by California law to provide the cable... it is not a basic necessary item for human occupancy, and certain does not affect health and safety. Therefore, your legal theory would be for breach of contract. However, I think even though the landlord advertises that the unit is cable ready, you still have a tough fight if you go to court.
If your landlord advertises "cable ready," you've got them. However, you would have to file a lawsuit to force the landlord to make the repairs, and that would be expensive. Your only practical options are (1) move out, (2) make the repairs yourself and sue your landlord in small claims court for the cost, and (3) make the repairs yourself and deduct the cost from your rent (so long as the repair does not cost more than one month's rent). Three is the most problematic, because you'll probably be sued for unlawful detainer. Two is the most safe course of action.
