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  1. #1
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    Default Who Pays for Modification of a Disabled Tenant's Rental Unit

    A tenant became disabled, and has asked her landlord to convert her bathtub to a shower pan and to install a grip bar. Who is responsible to pay for the conversion, in California?

  2. #2
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    Default Re: Who Pays for Modification of a Disabled Tenant's Rental Unit

    If the housing is subsidized, then the landlord may have additional duties under the terms of the housing subsidy program. Otherwise, when it comes to that type of conversion, the tenant is responsible for the cost.

    A landlord must allow a disabled tenant to make modifications that will allow the tenant to fully use and enjoy the premises. The landlord can require the tenant to enter into an agreement restore the premises to their original condition as the end of the tenancy. The landlord cannot require an additional deposit, but may require that a reasonable estimate of the cost of restoring the premises be paid into an escrow account.
    Quote Quoting Cal. Civil Code, Sec. 54.1(b)(3)(A)
    (b)(3)(A) A person renting, leasing, or otherwise providing real property for compensation shall not refuse to permit an individual with a disability, at that person’s expense, to make reasonable modifications of the existing rented premises if the modifications are necessary to afford the person full enjoyment of the premises. However, any modifications under this paragraph may be conditioned on the disabled tenant entering into an agreement to restore the interior of the premises to the condition existing before the modifications. No additional security may be required on account of an election to make modifications to the rented premises under this paragraph, but the lessor and tenant may negotiate, as part of the agreement to restore the premises, a provision requiring the disabled tenant to pay an amount into an escrow account, not to exceed a reasonable estimate of the cost of restoring the premises.

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