Cal. Civ. Code § 5:10-11.2
Duties of manager and superintendent
Operative Text
(a) Without relieving the owner of any responsibility placed by these regulations on the owner, any person undertaking for and in behalf of the owner any responsibilities for the operation and maintenance of the premises shall thereby assume concurrently with the owner, responsibilities for the premises and be subject to penalty for failure to comply with any regulation or order relating to any item or matter within the responsibilities so assumed. (b) Where the owner has vested any other person with active management or control of the property and the owner either by his physical absence or unavailability to the premises has left such person in charge thereof, or by reason of any other arrangement with such person the owner does not actively engage in the day-to-day conduct or operation of the premises, then such person assuming management shall be responsible as the agent of the owner for compliance thereto. (c) Where there is present on the premises or available to the premises a person whose duties and authority do not comprise overall control of the management of the premises, but such person is designated by the owner as the person responsible for the day-to-day physical upkeep and maintenance of the premises, then such person shall be liable concurrently and jointly with the owner and any managing agent for such matters as shall constitute routine maintenance and upkeep of the premises, for any other matters pertaining to the maintenance of the premises entrusted to such person by the owner or management, and for apprising the owner or managing agent promptly of any other and further matters such as major repairs, structural improvements and capital investments which are beyond such person's authority and competence to undertake, and which, if not done, constitute violations of this chapter or hazards to the health, safety or well-being of occupants.
N.J.A.C. § 5:10-11.2 establishes that responsibility for maintaining a rental property does not rest solely with the owner — it extends to anyone the owner delegates to manage or maintain the premises. A property manager who takes on operational control shares the owner's legal obligations and can face penalties for violations just as the owner can. A superintendent or on-site caretaker with narrower duties is jointly liable for routine upkeep matters and is also required to promptly notify the owner or managing agent of larger issues — such as major repairs or structural problems — that exceed their authority.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-11.2, owners who delegate management or maintenance duties to another person do not shed their own obligations, but they do share them with whoever takes on those roles. Compliant operators typically document the scope of authority given to managers and superintendents, ensure those individuals understand their concurrent liability, and establish clear reporting channels so that issues beyond a superintendent's authority — like structural repairs — are escalated promptly. Owners should be aware that delegating day-to-day control to an absent manager does not insulate the owner from enforcement actions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-11.2 means that tenants dealing with maintenance failures or code violations may have recourse against not just the property owner, but also the managing agent or superintendent who was responsible for the matter in question. Because liability is shared and concurrent, a complaint or enforcement action can potentially name multiple responsible parties. Tenants experiencing unaddressed maintenance issues may consider contacting their local housing or code enforcement office, or reaching out to a tenant-rights organization familiar with New Jersey housing regulations, to understand the options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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