Habitability Law

Uninhabitable Rental Units

In California, tenants facing significant neglect of maintenance by their landlord have several legal options for recovery. If you're dealing with habitability issues in your rental property, you may be able to file a lawsuit against your landlord. At Tapanian Law, APC, our tenant rights attorneys are here to help you understand your rights, explore your legal options, and pursue rightful compensation from your negligent landlord.

Landlord’s Responsibilities in California

A landlord’s responsibilities include, but are not limited to, the requirement to provide a habitable premises to all tenants, which must be safe for human occupation. There are no excuses. In Green v. Superior Court, (1974) 10 Cal.3d 616, the Court held that “a warranty of habitability is implied by law in residential leases in this state.”

California Civil Code §1941.1 specifically lists the following nine requirements which, if substantially lacking, make a residential unit “untenantable” under state law:

  • Unbroken windows and doors, as well as sufficiently water- and weather-proofed exterior walls and roof

  • Plumbing or gas facilities in “good working order”

  • Both hot and cold running water, as well as a functioning connection to a sewage disposal system

  • Functioning internal heat

  • Electrical lighting with wiring and equipment in good working order

  • Sanitary grounds and public areas that are reasonably free of debris, trash, and animal infestations

  • An adequate number of reasonably clean trash receptacles in good condition

  • Floors, railings, and stairwells in good working order

  • A locking mailbox or mail receptacle for each residential unit

Substandard Rental Units in California

Under California Health and Safety Code § 17920.3, a rental unit may also be declared “substandard” if it contains inadequate “sanitation,” “structural hazard(s),” “nuisance(s),” “wiring” issue(s), “plumbing” issue(s), “faulty weather protection”, and any other issues that “endangers the life, limb, health, property, safety, or welfare of the public or the occupants” of the building.

Examples of “inadequate sanitation” as defined in Health and Safety Code § 17920.3 (a) are listed below:

  • Lack of, or improper water closet, lavatory, or bathtub or shower in a dwelling unit.

  • Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.

  • Lack of, or improper kitchen sink.

  • Lack of hot and cold running water to plumbing fixtures in a hotel.

  • Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

  • Lack of adequate heating.

  • Lack of, or improper operation of required ventilating equipment.

  • Lack of minimum amounts of natural light and ventilation required by this code.

  • Room and space dimensions are less than required by this code.

  • Lack of required electrical lighting.

  • Dampness of habitable rooms.

  • Infestation of insects, vermin, or rodents…

  • Visible mold growth…

  • Lack of connection to required sewage disposal system.

  • Lack of adequate garbage and rubbish storage and removal facilities…

If you are a renter and are experiencing any uninhabitable conditions, contact Tapanian Law for a FREE consultation.