Habitability Law FAQs

In California, the implied warranty of habitability protects tenants by requiring landlords and property managers to maintain rental units that are suitable for living in. This law makes sure that minimum standards are met, and it cannot be waived in rental agreements or leases.

For a rental unit to be considered legally habitable in California, it must meet certain conditions. Some of these are as follows:

• Access to hot water
• A roof that protects from the elements and is in good condition
• Sturdy floors and walls
• Electrical and plumbing systems that are adequate and in good working condition
• A heating system that is in good working condition
• A unit that is free from toxins, including mold, lead, and asbestos
• Sufficient locks that protect tenants from intruders
• Functioning windows and doors
• A unit that is free from rodents and vermin such as rats, mice, cockroaches, and bed bugs

The above are just a few conditions that make a property ‘habitable.’ If you believe your rental unit is unsafe or unfit to live in, it is important to speak to a lawyer who can advise you of your rights.

Landlords have a legal duty to make sure their rental units comply with safety, health, and building codes. Landlords are obligated to make necessary repairs to problems in units within a timely manner. This includes maintaining not only the property but also the utilities within the premises.

They cannot. Under the implied warranty law in California, landlords have a legal duty to provide and maintain habitable living conditions at all times. Any time a landlord fails to make the necessary repairs to serious problems, it may constitute a breach, and landlords can be held responsible.

It is imperative to understand what qualifies as a breach of the implied warranty of habitability. Not every minor problem will allow you to file a claim for a breach. Issues that materially, or significantly, impact your health safety, such as infestations, a lack of heat, or broken facilities, are typically considered a breach of implied warranty of habitability. Generally speaking, normal wear and tear does not constitute a breach unless the issue is serious enough to impact livability.

Landlords must make necessary repairs within a reasonable amount of time. Generally speaking, this is within 30 days under California law. However, when an extensive repair is necessary, landlords may have a longer amount of time to fully correct a condition. When repairs are not made within a reasonable amount of time, it can constitute a breach.

Whether you are going to file a complaint with a local government agency or you are going to file a lawsuit against your landlord, you must be able to prove your case. To do this, you should gather repair requests, photos, building inspections, witness accounts, certified letters, and anything else that can prove the uninhabitable condition, and the fact that you have notified your landlord about the problem.

If a major habitability defect drags on for a long time and your landlord does not resolve it, you can legally pursue a lease termination or reduced rental rates. Before pursuing either of these options, it is critical that you consult with a San Francisco habitability attorney who can advise you on how to make a formal complaint and outline your other legal options.

Landlords who fail to remedy serious habitability defects will face serious consequences under the law in California. Specific penalties include:

• Financial liability through court-approved withholding of rent
• Formal breach of contract lawsuits filed by tenants
• Government fines for building or health code violations
• Court-approved rent reductions, property repairs, and lease terminations
• Difficulty finding and keeping future tenants

As a tenant, you also have an obligation to maintain your rental unit in a habitable condition. Specifically, you should maintain your home in a condition that is as clean and sanitary as possible, regularly dispose of garbage with particular attention to food waste, use fixtures properly and clean them regularly to prevent rust and mildew, and refuse to allow other people to damage the property.

When you have a habitability dispute with your landlord, you may decide to proceed on your own. This is a mistake. A San Francisco habitability lawyer will:

• Send formal notice to your landlord outlining the defects, make repair requests, and suggest remedies as well as reasonable timeframes
• Negotiate on your behalf and use a number of options as leverage, including withholding of rent, rent reductions, or mediation attempts
• Answer all of your questions so you can make informed decisions and have the best chance of obtaining a positive outcome

The above are just a few ways in which having legal representation during a habitability dispute is very helpful.