IS YOUR APARTMENT HABITABLE?

Under California Law, a landlord must provide a tenant a habitable rental unit; there is an implied warranty of habitability to each and every rented residence.  What is habitable is defined by state law, specifically Cal. Civ. Code section 1941.1 et. seq., as well as by law decided in court by judges (or case law).  The leading California case is Green v. Superior Court.  

As a tenant, you have a legal right to ask the landlord to repair conditions that make your apartment uninhabitable.  For instance, if your apartment has no heat, or no hot water, or the front door lock is inoperable, the landlord has a responsibility to promptly make the repairs.  

If the landlord fails to make repairs which substantially affect the habitability of the apartment, you may have the right to certain remedies including breaking the lease and moving out.  There are specific procedures that you must take to assert your rights should the landlord fail to make repairs of conditions that make your unit uninhabitable.  Please consult the California Tenant's Guide for further guidance and consult an attorney who practices landlord tenant law.

When you request the landlord to make repairs, do the following:

1) Telephone the landlord about the required repair;
2) Email your repair request to the landlord;
3) Photograph the condition that requires repair and attach the photo to your email.

Keep a log of every conversation you have with the landlord, including date and time of your conversation, a summary of what was said, and the outcome of your discussions.  Do this whether it concerns repairs, late rent, pet clean-up, noise complaints, or any other issues.

Here's a checklist of some uninhabitable apartment conditions.

Carefully review the following excerpt of Cal. Civil Code section 1941.1(a) below to learn more about what makes a rented residence uninhabitable under statutory law.  Remember that judge-made law has further defined and expanded statutory law.

Cal. Civ. Code 1941.1(a) A dwelling shall be deemed [uninhabitable] … if it substantially lacks any of the following. . .

   (1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

   (2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.

   (3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.

   (4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.

   (5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.

   (6) 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….

   (7) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control.

   (8) Floors, stairways, and railings maintained in good repair…”

DISCLAIMER:   Legal issues are frequently complex and individual.  The information contained on this blog is not legal advice nor does it create an attorney client relationship between the viewer/reader and the writer of this blog.  For legal advice, please consult an attorney who practices landlord tenant law.