Warranty of Habitability

 The Warranty of Habitability is a rule of law which requires a landlord to keep rental units in “livable” conditions for their tenants. The warranty of habitability is implicit in all residential rental and lease agreement and cannot be waived by either party: i.e. “as is” unit. The landlord is also responsible for any significant failures to comply with state and local building and health codes.  

Who Is Responsible For Making Repairs?

In California, landlords are required to ensure that a rental unit is kept in good condition and complaint with state and local building and health codes; further, landlords are required to make any and all necessary repairs on rental unit, in a timely manner, to ensure they remain complaint with state and local building and health codes, regardless of whether or not a lease agreement is in effect between a Landlord and Tenant.  

Which Repairs Is My Landlord Responsible For?

According to California Civil Code Section 1941.1, a landlord must ensure: 

• Effective waterproofing and weather protection
• Plumbing or gas facilities, maintained in good working order
• A water supply, capable of producing hot and cold running water
• Heating facilities, maintained in good working order
• Electrical lighting, with wiring and electrical equipment, maintained in good working order
• An adequate number of appropriate receptacles for garbage and rubbish
•  Floors, stairways, and railings maintained in good repair
• Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin