Wednesday, June 25, 2008

California - Landlord and Tenant responsibility for repairs

The landlord is under an obligation to put and keep his rental units in a condition fit for human occupancy, except for those conditions caused by his tenant's want of ordinary care {Civil Code Secs. 1929, 1941} A building fit for human occupancy must have at least the following characteristics {Civil Code Sec. 1941.1}.

1. Effective weatherproofing of roof, exterior walls, and unbroken windows

2. Plumbing up to code and in good condition

3. Water supply up to code providing hot and cold water

4. Heating facilities up to code and in good condition

5. Electrical lighting up to code and in good condition

6. Building, grounds and appurtenances clean and free of vermin at the time of renting

7. Adequate receptacles for garbage

8. Floors, stairways and railings in good repair Install and maintain locks

9. Conforming locks {Civil Code Sec. 1941.3}

The landlord's obligation to repair dilapidations in the characteristics of habitable dwellings does not arise if the tenant violates his own legal obligations as to maintenance, provided these violations substantially interfere with the landlord's ability to do the repairs {Civil Code Sec. 1941.2}


Tenants are required by law to take reasonable care of their rental units, as well as common areas such as hallways and outside areas. Tenants must act to keep those areas clean and undamaged. Tenants also are responsible for repair of all damage that results from their neglect or abuse, and for repair of damage caused by anyone for whom they are responsible, such as family, guests, or pets.

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