(Written by Jonathan Kim)

If an emergency happens within a rental property community, who should be the first to respond: Ownership? First responders? Or perhaps should the tenants be left to figure it out for themselves? For owners of larger apartment communities, the answer is neither surprising nor optional. When dozens of residents live together in a single rental property, emergencies, maintenance issues, safety concerns, and tenant disputes are inevitable. As such, California law requires that someone must be onsite to oversee the day-to-day operations and be available to respond to emergency situations before they escalate any further.

Under California law, any property with 16 or more units must have a manager, janitor, housekeeper, OR “other responsible person” to both reside on the premises and have charge of the building whenever the property owner does not live there. The phrase “have charge of” encompasses a broad supervisory and operational role: the caretaker serves as the owner’s on-site representative responsible for maintenance coordination, emergency response, tenant interaction, and notice distribution. The regulation does not expressly require the caretaker to be a formal employee, but California licensing law and wage-and-hour law strongly favor an employer-employee relationship.

The law is equally clear that the required “responsible person” must reside on the property. An off-site property manager who periodically visits the property, answers phone calls, or is available on an on-call basis does not, standing alone, satisfy this requirement. The absence of an onsite resident manager can affect the health and safety of the tenants living within the community, and overall well-being of the tenants living within the community. Emergencies and maintenance issues can quickly worsen without someone addressing them in a prompt manner.

Violations of the requirement expose the building owner to criminal misdemeanor liability under California Health and Safety Code. The failure to provide a resident manager does not make the tenancy itself illegal, but it may provide tenants additional affirmative defenses in unlawful detainer lawsuits. Such defenses can give rise to rent reduction, damages, and other remedies, depending on whether the absence of a resident manager materially affects the health and safety of tenants. For properties subject to the Los Angeles Rent Stabilization Ordinance (LARSO), any LARSO violation may be raised as an affirmative defense in an unlawful detainer action.

Owners of properties containing sixteen (16) or more units should carefully evaluate whether they are in compliance with California’s resident manager requirement. Relying solely on an off-site property manager, management company, or maintenance personnel who periodically visit the property may not satisfy the law. Property management laws can often be a tricky road to navigate, but you do not have to go through it alone. Contact Kendall Law today to schedule a consultation to answer any legal concerns.