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  1. #1

    Default Difference Between "Maintenance" and "Repair"

    My question involves landlord-tenant law in the State of: California, Los Angeles County.

    Does anyone know or know where I can find, the legal definition of "maintenance" -- the legal definition of "repair" -- and legal definition of "remodeling".

    Why do I want to know? I was maintenance and onsite manager for a complex. My old boss paid me a base pay to do small jobs. Bigger jobs he either called a plumber, or carpenter, or electrician, etc. If I had the time to do it, he would pay me extra -- my base pay plus more to equal what a plumber or electrician would be paid.

    My new boss said he would treat me and pay me the same as my old boss (same property, just new management companies) says maintenance and repair is same thing. I remodeled two kitchens and he says that is considered part of my normal job. I did $6,000 worth of work and he wants to pay me $600.

    HELP!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Difference Between "Maintenance" and "Repair"

    what and how he pays you is an agreement between the two of you. Whether you are doing maintainance or repair is irrelevent UNLESS you are doing work that requires a licensed tradesman to so the work.

    In that case, what you are doing is illegal.

  3. #3

    Default Re: Difference Between "Maintenance" and "Repair"

    can you tell me what work would require a licensed tradesman? I'm guessing electrical would be one. Anything else? I don't want to break any laws, but now I'm nervous.

  4. #4

    Default Re: Difference Between "Maintenance" and "Repair"

    Also, if I have done that kind of work and if it is determined that I should have been licensed, does that mean I can't ask for payment? I'm going to research now, to see if I can find what kind of work requires a license.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Difference Between "Maintenance" and "Repair"

    of the states that license tradesmen, plumbers and electricians are the two most regulated.

    as to not being able to ask for payment; Not sure seeing how you have not hired yourself out as a contractor but merely performing the work your employer required of you and the trades not being the main scope of your work.

    the two places I would check if I were you are the Department of Labor (or whatever California calls theirs) and the Contractors State Licensing Board. Between the two, they should be able to answer all your questions.

  6. #6

    Default Re: Difference Between "Maintenance" and "Repair"

    I am in California and I'll be going to the Department of Labor next week. My old employer used to pay me extra for the heavier, more skilled work. This new employer said he would do the same, but hasn't. I never saved my checks from the old employer, but have them from the new employer. I have a contract, that I'm taking with me, but it's vague in that extra pay part. I trusted and never had a problem with my old employer - he treated me fairly. But this new guy just raked me over the coals. Thanks for your help.

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