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 Are My Landlord Responsible For?
According to California Civil Code Section 1941.1, a landlord must ensure:
Which Repairs Are My Landlord NOT Responsible For?
A Tenant is responsible for ensuring they are complaint with the "Tenant's Duty of Habitability", laid out accordingly in California Civil Code Section 1941.2. Specifically, a landlord may not be responsible for repairing damages or dilapidation if a Tenant is found to be in substantial violation in maintaining the property, or if the tenant is found to have contributed substantially to the bad conditions of said property.
To learn more about California Civil Code Section 1941.1 and how it effects you as a tenant in California, click here!
We love our clients, so feel free to call our office and speak to one of our case workers!
2831 Telegraph Avenue, Oakland, California 94609, United States
Copyright © 2020 oaklandtenantlaw - All Rights Reserved.