Landlord Requiring Repairs in Lease

[Danny Puchalski]

Hi All! I have a quick question regarding what a landlord can require in terms of repairs. I've been living in my place for a couple years now. It was just sold to a new owner, and he wants to set up a new lease. It all seems pretty standard, but he's adding a clause about tenants being required to pay for all repairs under $100, regardless of what the repair is. I'm in California, and my understanding is that landlords are required to pay for any repairs necessary to make a place habitable, and tenants are required to pay for any damage that they are responsible for causing (outside of standard wear and tear).

So, if I sign the lease, do I give up that right to have him make repairs under $100? Or is that section of the lease void because legally he is required to make those repairs? If I refuse to sign, is he able to kick me out based on that, even though he's asking me to give up my legal rights? I've never heard of anyone requiring this, so it seems strange to me.

You hate to think the worst of someone, but since they just bought the place, I can imagine they have a home inspection report full of little things that need fixing, and I worry that they're trying to pass the cost on to me. I appreciate the input! Thank you!

[Theresa Harris]

@Danny Puchalski  I don't know how common that is, but unless the repair is required because of something the tenant did (eg replace a closet door because they put a hole in it), as a landlord I pay for the repairs.  I do this for a few reasons, one is I was to make sure they are done properly and I want to know if something is not working.  If you leave the repairs to the tenant, they may not be done causing more damage or they may be done improperly.