Is it legal for my landlord to select the contractor for repair work on a unit I am renting?

Question

Specifically, there's a clause in the lease that says "Any damages caused by tenants shall be repaired by a contractor or craftsperson selected by the owners". Is that legal in California? specifically Berkeley?

Seems to me like I should have the option to repair things by hiring my own contractor.

Answer 1

Since it is not only their property but they are the ones legally responsible for the quality of the repair in the future (in case someone is injured due to faulty construction) they are the ones that need to choose who is doing the work.

Your only liability is paying for the repair, not the contractor that performs it.

Many property owners are very loyal to a couple of contractors, they know their prices are fair and their work good.

Answer 2

The landlord owns the house. The landlord is going to be the one to choose someone they want to hire to do repairs on their own house. How could that possibly be illegal?

I can't imagine any landlord letting their tenant make the choice about who will do repairs to the landlord's property. The tenant may be gone in a few months. The landlord owns the property for considerably longer than that, and I'm sure wants full control over whatever is done to it.

Answer 3

Unless your contract says differently, yes it is legal for him to select the contractor. It is his property and his money that will be paying for this contractor.

I have seen contracts that say the tenant can choose a contractor but only with owner approval. If you contract does not say this, than you are out of luck.

Answer 4

Who OWNS the property? The landlord? Then common sense should tell you that's who gets to make the decision.

Quite apart from that, whose signature is that at the bottom of the lease, agreeing to the terms & conditions of the lease?

Oh, it's yours!

Answer 5

Did you sign the lease?  Then you are bound by it.

Answer 6

YES - they are the ones that are liable if that contractor gets hurt.  Also the owner has to make sure that the contractor is properly licensed, because they are liable for that too.

It is typically illegal or a tenant to do work them selves or to higher their own contractor.

EDIT: Why are you having to pay for it??  If you did not cause the damage, then the landlord needs to pay for it.

Answer 7

Yes, I think the lease very clearly spells it out.  The "owner" is the landlord, so he is responsible for selecting the contractors.

If it said, "Any damages caused by tenants shall be repaired by a contractor or craftsperson selected by the TENANT", then you'd be able to select the contractors.

Chances are, the landlord has worked with these contractors in the past, and gets good rates on their work.  I wouldn't try to fight it, if I were in your shoes.

Answer 8

It is the landlord's property ; He/She OWNS it .

IF you have caused damage to the property ; then he / she has the right to have it repaired by whomever they chose , as long as the price is within accepted cost .... and then pass the expenses on to YOU ......

Answer 9

he who pays--select

Answer 10

Let me get this straight. If you owned a property and someone else lived in it, you'd let that person choose a repair person instead of doing it yourse, when you will still own the property long after the current occupant is gone and it's your asset’s value will be impacted by the quality of the repair?

Tell me how that makes sense.

Answer 11

I am sure the landlord will allow you to hire your own contractor if you want to pay for it yourself.  Since it is the landlord's property, it is up to him to get the repairs performed and since he is paying, he gets to choose the contractor.