HABITABILITY, REPAIRS & MAINTENANCE

California Civil Code, Sections 1941-1942

PROPERTY OWNERS MUST PROVIDE:
“Implied Warranty of Habitability” (California Civil Code, Section 1941.1)

• Effective weather protection and waterproofing of premises including the roof, exterior walls, windows and doors;
• Plumbing in good working condition, with running hot and cold water connected to a sewage system;
• An electrical system with wiring, lighting and equipment in good working order;
• Gas and heating facilities in working order;
• A clean unit, without trash, garbage, rats, mice, roaches or other pests;
• Floors, railings and stairs in good repair;
• Adequate covered bins or cans for garbage;
• Operable dead bolts on hinged unit entry doors and locks on windows;
• A working toilet, sink and shower.

This is a partial list of what landlords must provide at a minimum (other items may include working appliances, if present upon move–in). Tenants must take reasonable care of the unit and common areas. A housing provider is not responsible for repairing damages caused by the tenant. The “Implied Warranty of Habitability” does not mean the rental unit has to be in perfect condition. A need for minor repairs or the existence of cosmetic flaws do not make the unit unacceptable under the implied warranty of habitability standard.

REQUESTING REPAIRS:

Tenants who need repairs under the implied warranty of habitability should notify the housing provider as soon as possible. It is best to contact the housing provider in writing, sending a certified letter with a return receipt in addition to a phone call. In the letter, the tenant should specify the problem and describe the damage and/or repairs needed. Keep a copy of the letter and give a reasonable amount of time for the housing provider to fix the problem. A reasonable amount of time usually means 30 days, but it may be a shorter time period for a more serious problem such as no heat during a cold winter.

WHAT TO DO IF REPAIRS ARE NOT MADE:

“Repair and Deduct Remedy”(California Civil Code, Section 1942)

If the tenant feels that the unit is substandard and is a breach of the implied warranty of habitability, the Repair and Deduct method allows the tenant to deduct money from the rent to pay for the needed repairs. The amount deducted cannot be over one month’s rent and this method cannot be used more than twice in any 12-month period. Before continuing with this step the tenant must:

• Notify the property owner in writing that the Repair and Deduct remedy will be used because the repair was not made in a reasonable time. The tenant may hire a competent person to make the repair or even do the repair themselves if it is done in a competent way.
• Keep a record of all related cost receipts and deduct those costs from the next rent payment. Include copies of receipts and a brief explanation with the next rent payment.

Report Code Violations

The tenant may call the Building Inspector for their area to get code violations cited and proven. If the inspector finds code violations the property owner will be ordered to fix the problem. For information on how to reach the building inspector for the community in which you live, go to Building Code Enforcement on the FHOSC Resource Page.

Withholding Rent

This is a very risky and serious step.   A tenant should consult with an attorney if planning to withhold rent.
The tenant should:

• Notify the property owner in writing the reason for withholding the rent.
• Put the rent money into an escrow account, in case there is a legal dispute.

If the housing provider tries to evict the tenant for withholding rent, the tenant can attempt to prove in court that the housing provider has breached the warranty of habitability. The judge will decide if the rent withholding was justified. Testimony from the inspector and other witnesses may be useful in making a strong case. The judge has the authority to order the property owner to make needed repairs.

If a property owner collects rent for property that is substantially substandard, the property owner may be liable to the tenant for actual damages and/or special damages up to $1,000.

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