Implied Warranty of Habitability in California
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Under California law, landlords are required to keep rental properties in acceptable livable conditions for all tenants. This “implied warranty of habitability” is a legal rule that requires landlords to keep their residential rental units in a condition that is fit and safe. Every residential rental agreement contains this warranty, whether or not written into it, as the warranty is implied and cannot be waived by either the landlord or the tenant.
Do you have questions about the implied warranty of habitability? HBK Lawyers APC has the answers. Our highly experienced Los Angeles County and Riverside County tenant rights lawyer is here to make certain you fully understand your rights. If or when an issue does arise, then you can count on us to be your legal advocates and representatives through thick and thin.
Related California Civil Code & Case Law
In Green v. Superior Court, the Supreme Court of California recognized that a landlord-tenant relationship created a duty on a residential landlord to maintain rental units in habitable condition for the entirety of the lease agreement. It was noted that this did not mean the property had to be in perfect or welcoming condition. In order to comply with the law, a landlord must maintain the property so it meets “bare living requirements.” California law outlines the amenities needed to meet these standards.
Specifically, California Civil Code §1941.1 lists the amenities that must be found in every rental unit:
- Roofs, walls, doors, and windows in good condition to create waterproofing and weatherproofing.
- Plumbing, gas facilities, electrical lighting, sewage disposal systems, and heating systems that meet legal code at the time they were installed. Regular maintenance to these systems is also necessary when required.
- Water system capable of providing running hot and cold water. If tenants do not control the system independently, then the landlord must allow access to hot and cold water at reasonable times.
- Entire property must be reasonably free of debris, garbage, and pests.
- Garbage receptacles must be made available to all tenants, and the landlord must arrange for a appropriate trash collection and disposal schedule.
- Floors, stairs, and railings must be kept in stable condition to prevent failures.
- Each tenant must have private access to a locking mailbox of some design.
Know & Uphold Your Rights as a California Tenant
Before you dive into a legal conflict with your landlord, the legal rule expects you to make reasonable steps to notify your landlord of the issue and give them reasonable time to correct it. If they fail to make repairs, installations, or maintenance work as needed and in a reasonable amount of time, then you should think about taking legal action to set things right. Come to HBK Lawyers APC and our tenant rights attorney to begin your case anywhere in Los Angeles County or Riverside County.
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Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (800) 576-4620.