California legally requires landlords to meet certain “habitability” requirements for all rental properties. This means that they’re responsible for providing a property that meets specific health and safety standards and for fixing issues that violate them.
California Implied Warranty of Habitability
In California, the implied warranty of habitability means that a landlord must provide and maintain a safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like peeling carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in California
Note: Check local city/county laws and ordinances for additional requirements.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Heating Only | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | No |
| Washer & Dryer | No | No |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | Yes | Yes |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | No | Only If Provided |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Yes |
| Clogs | N/A | Yes |
Landlord Responsibilities for Heating & Air Conditioning in California
California landlords have a responsibility to provide and maintain adequate heating. They don’t have to provide air conditioning, but they do have to maintain any provided air conditioners whose failure might cause improper ventilation of the property.
Are Landlords Required to Provide Air Filter Replacements in California?
California landlords don’t have to replace things like air filters, unless heating equipment won’t work otherwise or it prevents ventilation of the property.
Landlord Responsibilities for Plumbing in California
California landlords must provide and maintain working plumbing. At minimum, there has to be at least one of each following feature in working order on the property:
- Kitchen sink
- Bathroom sink
- Bathtub / shower
- Toilet
Are Landlords Required To Provide Hot Water in California?
California landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in California?
California landlords must fix clogs as well as any other issue that prevents plumbing from being in good and safe working order.
Are Landlords in California Responsible for Fixing Leaks?
California landlords have to fix leaks and any other issue that causes dampness around the rental property.
Landlord Responsibilities for Kitchen Appliances in California
California landlords have no specific responsibility to provide or maintain kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator.
Landlord Responsibilities for Electrical Issues in California
California landlords must make electrical service available in properties they rent. The landlord has to fix issues with appliances or wiring that could impact health and safety.
Are Landlords Responsible for Replacing Light Bulbs in California?
California landlords must provide and maintain required light fixtures (usually one light per room). This includes replacing light bulbs, unless the renter’s lack of ordinary care caused the issue.
Landlord Responsibilities for Garbage Removal in California
California landlords must provide and maintain garbage containers. It’s the renter’s primary responsibility to remove garbage from the rental property. This means the renter may have to arrange and pay for garbage services, even though the landlord has to provide garbage containers upon move-in.
Landlord Responsibilities for Landscaping in California
California landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they create a hazard to health, safety, or habitability.
Landlord Responsibilities Regarding Mold in California
California landlords are responsible for most mold issues. They don’t have to conduct regular testing for mold. However, if there’s any mold in an area where it’s not expected to grow, the landlord has to fix it.
Landlord Responsibilities Regarding Pests in California
California landlords are responsible for exterminating pest infestations, although they aren’t required to inspect regularly for pests such as roaches, mice, bed bugs, or ants. If the renter’s neglect caused the issue, the renter may have to pay for pest removal service.
Landlord Responsibilities for Windows & Window Coverings in California
California landlords are not responsible for providing or maintaining blinds, screens, or other window coverings. However, a landlord is responsible for fixing broken windows, and maintaining window locks on ground-level and second-floor windows.
Landlord Responsibilities for Doors & Locks in California
California landlords are responsible for providing a main door with a working deadbolt. All other exterior doors also have to be in working order. However, it’s the renter’s responsibility to notice any issues with the locks; the landlord doesn’t have any duty to verify their good working order.
Landlord’s Responsibilities Regarding Safety Devices in California
California landlords are responsible for providing and maintaining safety devices like smoke alarms and required carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in California?
California landlords are responsible for maintaining provided appliances like smoke alarms and CO detectors, including testing and battery replacement.
Landlord Responsibilities for Washers and Dryers in California
California landlords are not required to furnish their rental properties with a working washer and dryer.
Renter’s Rights for Repairs in California
Renters in California have the right to repairs for code violations and issues impacting health and safety, unless they caused the issue themselves. To exercise their right, renters must give the landlord notice verbally or in writing.
After receiving notice, the landlord has 30 days to repair the issue, unless there’s a documentable reason, like an emergency, that justifies a different period of time.
If the landlord fails to repair, the renter can take any of the following actions:
- Repair and deduct from rent.
- Sue to collect damages or force repairs.
- Cancel the rental agreement.
Sources
- 1 Green v. Superior Court, 10 Cal.3d 616, 637 (1974)
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“Under the implied warranty which we recognize, a residential landlord covenants that premises he leases for living quarters will be maintained in a habitable state for the duration of the lease. This implied warranty of habitability does not require that a landlord ensure that leased premises are in perfect, aesthetically pleasing condition, but it does mean that “bare living requirements” must be maintained. In most cases substantial compliance with those applicable building and housing code standards which materially affect health and safety will suffice to meet the landlord’s obligations.”
Source Link - 2 Cal. Health & Safety Code § 19720.3(a) (2021)
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“Any building or portion thereof including any dwelling unit … in which there exists any of the following listed conditions … is declared to be a substandard building:
“Inadequate sanitation [which] shall include, but not be limited to, the following: …Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit. …improper kitchen sink. …Lack of hot and cold running water to plumbing fixtures. …Lack of adequate heating. …Lack of, or improper operation of required ventilating equipment. …Lack of required electrical lighting. …Dampness of habitable rooms. …Infestation of insects, vermin, or rodents as determined by a health officer or … code enforcement officer… Visible mold growth, as determined by a health officer or a code enforcement officer … excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. …General dilapidation or improper maintenance. …Lack of connection to required sewage disposal system. …Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or … code enforcement officer…
Source Link - 3 Cal. Health & Safety Code § 19720.3(d) & (e) (2021)
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“[A building is substandard if it has exposed] wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
“[A building is substandard if it has exposed] plumbing, except plumbing … currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.”
Source Link - 4 Cal. Civ. Code § 1954.210(a) (2021)
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“If a tenant notifies the landlord of, or the landlord otherwise becomes aware of, a leak, a drip, a water fixture that does not shut off property [sic], including, but not limited to, a toilet, a problem with a water-saving device, or other problem with the water system that causes constant or abnormally high water usage, or a submeter reading indicates constant or abnormal high water usage, the landlord shall have the condition investigated, and, if warranted, rectify the condition.”
Source Link - 5 Cal. Civ. Code § 1929 (2021)
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“The hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care.”
Source Link - 6 Cal. Health & Safety Code § 19720.3(g), (j), & (k) (2021)
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“[A building is substandard if it has] Faulty weather protection, which shall include, but not be limited to, the following: …Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors… [or] Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering. …
“[A building is substandard if it has] an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards. …
“[A building is substandard if it] is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.”
Source Link - 7 Cal. Civ. Code § 1941.2 (2021)
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“(a) No duty on the part of the landlord to repair a dilapidation shall arise under Section 1941 or 1942 if the tenant is in substantial violation of any of the following affirmative obligations, provided the tenant’s violation contributes substantially to the existence of the dilapidation or interferes substantially with the landlord’s obligation under Section 1941 to effect the necessary repairs:
“(1) To keep that part of the premises which he occupies and uses clean and sanitary as the condition of the premises permits.
“(2) To dispose from his dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner.
“(3) To properly use and operate all electrical, gas and plumbing fixtures and keep them as clean and sanitary as their condition permits.
“(4) Not to permit any person on the premises, with his permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor himself do any such thing.”
Source Link - 8 Cal. Health & Safety Code § 26147(b) (2021)
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“A residential landlord shall not be required to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits.”
Source Link - 9 Cal. Civ. Code § 1954.602 (2021)
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“(a) A landlord shall not show, rent, or lease to a prospective tenant any vacant dwelling unit that the landlord knows has a current bed bug infestation.
“(b) This section does not impose a duty on a landlord to inspect a dwelling unit or the common areas of the premises for bed bugs if the landlord has no notice of a suspected or actual bed bug infestation. If a bed bug infestation is evident on visual inspection, the landlord shall be considered to have notice pursuant to this section.”
Source Link - 10 Cal. Civ. Code § 1941.3 (2021)
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“(a) …the landlord … shall …(1) Install and maintain an operable dead bolt lock on each main swinging entry door of a dwelling unit. …(2) Install and maintain operable window security or locking devices for [ground and second-floor] windows that are designed to be opened. …(3) Install locking mechanisms… on the exterior doors that provide ingress or egress to common areas with access to dwelling units in multifamily developments. …
“(b) The tenant shall be responsible for notifying the owner or his or her authorized agent when the tenant becomes aware of an inoperable dead bolt lock or window security or locking device… [the landlord] shall not be liable for a violation of subdivision (a) unless he or she fails to correct the violation within a reasonable time after he or she either has actual notice of a deficiency or receives notice of a deficiency.”
Source Link - 11 Cal. Health & Safety Code § 13113.7(d)(2) (2021)
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“The owner of a hotel, motel, lodging house, apartment complex, or other multiple-dwelling complex in which units are rented or leased, … [or] of a single-family dwelling that is rented or leased, shall be responsible for testing and maintaining alarms.”
Source Link - 12 Cal. Health & Safety Code § 17926 (2021)
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“An owner of a dwelling unit intended for human occupancy shall install a carbon monoxide device … in each existing dwelling unit having a fossil fuel burning heater or appliance, fireplace, or an attached garage.”
Source Link - 13 Cal. Resid. Code § R314.3 (2021)
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“Smoke alarms shall be installed… 1. In each sleeping room. 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms. 3. On each additional story of the dwelling… 4. …not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower…”
Source Link - 14 Cal. Civ. Code § 1941 (2021)
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“The lessor of a building intended for the occupation of human beings must, in the absence of an agreement to the contrary, put it into a condition fit for such occupation, and repair all subsequent dilapidations thereof, which render it untenantable, except such as are mentioned in section nineteen hundred and twenty-nine [i.e., deterioration or injury to property occasioned by want of ordinary care].”
Source Link - 15 Cal. Civ. Code § 1942(b) (2021)
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“For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.”
Source Link - 16 Cal. Civ. Code § 1942(b) (2021)
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While California law doesn’t globally establish a timeline for repairs, the availability of the repair-and-deduct remedy after 30 days (and ability to cancel the rental agreement with 30 days’ notice upon breach of lease) is generally held to establish a default window within which the landlord can “reasonably” attempt repairs.
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