Habitability and Repairs

Landlord's Responsibilities. An owner of residential rental property is required to provide a dwelling in habitable condition. It must also be kept in good repair. California Civil Code section 1941.1 states that a dwelling must have the following:

 Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

 Plumbing facilities which function properly, including hot and cold running water and sewage disposal.

 Gas facilities in good working order.

 Heating facilities in good working order.

 An electrical system which is in good working order with at least 2 outlets - or 1 outlet and 1 light fixture, in every room. (The bathroom only requires 1 light fixture.) Common stairs and hallways must be lighted at all times.

 Clean and sanitary buildings, grounds and appurtenances free from debris, filth, rodents and vermin.

 Adequate trash receptacles in good repair.

 Floors, stairways and railings in good repair.

It is important to understand that these are minimum requirements. Other conditions in the property may make it not "habitable," which means that you have several legal remedies available.

In addition, all windows and doors must have secure locks and necessary bolts to secure the premises and the safety of the resident. Smoke detectors are also required by state law.
 

Tenant's Responsibilities. The same section of the Civil Code that requires all landlord to keep a property tenantable also requires a tenant to use the property properly and to keep it clean. Specifically, Civil Code Section 1941.2 requires the tenant to:

 Keep the premises "as clean and sanitary as the condition of the premises permits."

 Properly operate gas, electrical and plumbing fixtures. (Examples of improper use include electrical outlet overload, flushing large, foreign objects down the toilet, and allowing bathroom fixtures to become filthy.)

 Dispose of trash and garbage properly.

 Refrain from damaging and defacing the premises or allowing anyone else to do so.

 Use the premises as an abode as intended, using living and dining rooms, kitchens and bedrooms for their proper and respective purposes.

Where a tenant violates these responsibilities contributing substantially to the existence of dilapidation, the tenant cannot hold the landlord responsible for the fact that the unit is uninhabitable. In addition, the landlord is not obligated to repair any items damaged due to the tenant's negligence.
 

Remedies. If the premises are in need of repair and defects do, in fact, affect the bare living requirements, the residents have a number of remedies to take care of the repairs.

First of all, the tenant must notify the owner (or agent) of the defect. It is recommended that notification be made IN WRITING. The tenant must give the landlord reasonable time to remedy the defect. Although a reasonable time for repair will depend upon circumstances, the law presumes 30 days to be a reasonable amount of time within which to make repairs.

If the resident has notified the owner and repairs have not been made, the tenant may:

 Repair the condition and deduct the cost form the following month's rent (Civil Code Section 1942). This right is limited to an amount equal to one month's rent and can be exercised only twice in a 12-month period.

 Move from the premises (Civil Code Section 1942).

 Withhold rent until the condition is remedied (Green vs. Superior Court 10 Cal.3d 616). This does not mean that the premises are rent free. However, the renter may be entitled to reduction in rent while the defects existed and factored according to the severity of the defect and its interference with the ability to enjoy the premises.
 

Caution. Caution should be used by tenants when exercising any of the aforementioned remedies. An error in judgment may result in the owner instituting an unlawful retainer action to remove the tenant(s) from the property.

On the other hand, an owner must not retaliate against a resident for exercising the rights given to a tenant. Retaliation such as a 30-day rent increase or termination notice is illegal and will provide the tenant with yet another ground on which to sue.

Many standard leases and rental agreements provide for a waiver of these tenant's rights. Such a waiver is VOID and UNENFORCEABLE.