Text Message – Two-Month Delay After Owner Approval

Summary

This May 2024 message shows owner Phat Tran confirming awareness of a pending dishwasher purchase and installation, initially approved by phone in early May. Despite multiple follow-ups and the owner’s acknowledgment that he had spoken with the property manager, no repair or replacement occurred for over two months. The tenant had reported the broken dishwasher since March 2024, and this message proves direct owner notice and failure to act.

Legal Context

• California Civil Code §1941.1 – Requires landlords to maintain essential household appliances in safe and operable condition.
• California Health & Safety Code §17920.3 – Defines a dwelling as substandard when plumbing, fixtures, or built-in appliances are nonfunctional and unrepaired after notice.
• California Civil Code §1942 – Grants the tenant the right to repair and deduct when the landlord fails to make timely repairs after written or oral notice.
• California Civil Code §1942.4 – Prohibits landlords from collecting rent while knowingly failing to maintain habitable conditions.

Evidence Findings

• Text confirms the owner was notified of the needed repair (“He’s been waiting for you to okay this major purchase for 2 weeks”).
• Tenant response documents that approval was already given by phone—owner failed to act for an additional two months.
• Owner admits communication breakdown with his agent, proving agency negligence and breach of maintenance duties.
• Tenant remained in full compliance with rent and communication obligations throughout the period.

Implications

The failure to install the dishwasher for over two months after approval demonstrates constructive neglect and habitability violation under California law. The message also evidences breakdown of communication between the owner and the property manager, reinforcing the claim of negligent property management and breach of implied warranty of habitability.