In California, a landlord’s obligation for providing a habitable living space is primarily governed by CA Civ. Code § 1941.2. This legal requirement, commonly known as the “implied warranty of habitability,” also outlines the rights of tenants when repairs are not made in a timely manner.
| Quick Facts | Answer |
| Landlord Responsibilities | Windows/Doors, Roof, Hot/Cold Water, HVAC, Plumbing, Electrical, Gas, Sanitation Facilities, Trash Can, Stairs/Railings, Floors, Fire Exits, No Combustible Materials, Smoke Detectors, Mailbox, Telephone Jack |
| Time Limit for Repairs | 30 Days |
| Tenant Recourse Options |
|
Applicable Dwelling Types in California
The implied warranty of habitability in California does not apply to all types of dwellings. See the table below for which are and aren’t included.
| Dwelling Type | Landlord/Tenant Laws Apply? |
| Single family | Yes |
| Multi-family | Yes |
| Fraternities/Sororities/Clubs | Not specifically addressed |
| RV parks | Not specifically addressed |
| Mobile home parks | Not specifically addressed |
| Condos | Not specifically addressed |
| Hotels/Motels | Yes, for long term owners only |
Landlord Responsibilities in California
The following chart lists possible landlord responsibilities when it comes to habitability. Not all of them are requirements in California, as indicated below.
Note: Some of the below items may not be addressed at the state level but may be addressed on a county or city level. Check your local housing codes to see which additional requirements may apply.
| Habitability Issue | Landlord Responsibility? |
| Provide windows and doors that are in good repair. | Yes |
| Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. | Yes |
| Provide hot and cold running water. | Yes |
| Provide working HVAC equipment. | Yes |
| Provide working plumbing and electrical wiring/outlets/ lighting. | Yes |
| Provide working gas lines if used for utilities/cooking | Yes |
| Provide working sanitation facilities (bathtub/shower, toilet). | Yes |
| Provide a trash can (for trash pickup services). | Yes |
| Ensure that any stairs and railings are safe. | Yes |
| Ensure that all floors are in good condition and safe. | Yes |
| Provide fire exits that are usable, safe, and clean. | Yes |
| Ensure storage areas, including garages and basements, do not house combustible materials. | Yes |
| Provide working smoke detectors | Yes |
| Provide a mailbox. | Yes |
| Provide working wiring for one telephone jack. | Yes |
| Provide working kitchen appliances. | No |
| Provide working carbon monoxide detector. | Yes |
| Provide a working washer/dryer. | No |
California’s landlord/tenant laws are some of the most detailed in the entire country—and not only do landlords and tenants need to be aware of the laws at the state level, but there may also be additional regulations for the city or town the rental property is in. Here are several of the more detailed requirements in more depth below.
Sanitation Facilities
The sanitation facilities must include a working toilet, bathtub/shower, and sink. In addition, they must be in a room with ventilation and privacy.
Kitchen/Appliances
The kitchen sink cannot be made from wood or any other absorbent material.
Landlords may provide kitchen appliances and/or washers/dryers, but they are not required to under the law. If any non-landlord owned appliance fails, it’s the renter’s responsibility to repair/replace it.
Windows
Windows or skylights must be provided for every room, and any windows provided must be operable, meaning they open at least halfway—unless another form of ventilation is provided such as a fan.
In addition, the windows cannot be broken or damaged to the point that they do not operate properly.
Security
Working deadbolts must be provided for entry doors and working locks or security devices must be provided for all windows.
Pools
For any multifamily unit with a pool, landlords must provide anti-suction measures for wading pools, and ground fault circuit interrupters for swimming pools.
Mold
Finally, the presence of mold in the unit may mean the unit isn’t in habitable condition, but it doesn’t automatically mean that’s the case. The landlord and tenant need to work together to determine whether the mold in the unit makes it unlivable and needs to be mitigated.
Sprinkler Systems
Not all states require existing apartment complexes, townhomes, and condos to have sprinkler systems. Many states do not require new construction to have sprinkler systems, either. However, California has enacted laws requiring “retroactive” installations for high rises.
Rodents and Vermin
Landlords must provide rental units that are rodent- and vermin-free.
Required Landlord Disclosures
In addition, landlords must disclose any of the following pre-existing conditions affecting habitability to potential renters:
- Lead-Based Paint – For properties built prior to 1978, landlords must also provide tenants with a booklet titled, “Protect Your Family from Lead in Your Home,” issued by the Federal government, prior to the signing of the lease.
- Asbestos and Known Carcinogens – Landlords must disclose if there is or isn’t asbestos on the property to the tenant. They must also inform the tenant if the asbestos is not properly contained and how it will be fixed.
- Methamphetamine Manufacturing – A notice shall be provided from a health inspector for any rental property that has been inspected and found to be used for the manufacture of methamphetamines. The landlord must provide a copy of the health inspector’s notice and order to vacate the premises to all current and potential renters (who have already submitted a rental application for the property).
- Death of the Prior Tenant in the Rental Unit – If the prior tenant died in the rental unit not more than three years prior, the landlord is required to disclose this to the new tenant(s), including what caused the former tenant’s death. The only exception to this rule is if the prior tenant died from AIDS—then a landlord is not required to disclose that as the cause of death.
Repairs, Recourse & Retaliation in California
If a rental property is in violation of the implied warranty of habitability in California, state laws outline how the repair process works, what tenants can do if repairs aren’t made, and how tenants are protected against retaliating landlords.
Requesting Repairs in California
California renters have the right to repairs for code violations and issues that affect health and safety, unless they caused the issue themselves. To exercise their right, renters must give the landlord notice verbally or in writing and wait 30 days for repairs (unless there’s justification for another period).
Renter’s Rights if Repairs Aren’t Made in California
If the landlord doesn’t make repairs after proper notice in California, the renter can self-help for repairs and deduct from the rent, sue to collect damages or force repairs, or cancel the rental agreement. Read More
Landlord Retaliation in California
When rent is current, California landlords can’t retaliate against tenants in the following ways:
- Denying access.
- Raising rent.
- Reducing or stopping services.
- Deliberately removing furnishings or property.
- Reporting a tenant’s immigration status.
Tenants are protected after the following occurrences:
- Written reports about health or safety violations.
- Written or verbal complaints about repairs.
- Participation in tenant organizations.
- Exercising rights under the law or lease.
- The end of a habitability case where the landlord loses.
The law presumes landlord retaliation for six months after a lost habitability case or tenant complaint about repairs, health, or safety. Otherwise, the tenant must prove retaliation.
Sources
- Nolo, “Overview of Landlord-Tenant Laws in California.”
- SFGate, “Basic Tenants’ Rights in California.”
- Nolo, “California Tenant Rights to Withhold Rent or ‘Repair and Deduct’.”
- Quick Response Fire Supply, “#212-Installing Sprinklers in Commercial Buildings: Evolving Codes and Tragedies Drive Laws.”
- State of California CIVIL CODE Section 1942.5
- California Tenants – A guide to Residential Tenants’ and Landlords’ Rights and Responsibilities – July 2012
