THE RIGHTS OF TENANTS TO LIVE IN HABITABLE LIVING CONDITIONS 

In California, tenants have the right to live in habitable housing. This means that landlords are required to provide safe and sanitary living conditions for their tenants. The implied warranty of habitability is a legal concept that requires landlords to maintain their rental properties in a condition that is fit for human habitation.

Under the implied warranty of habitability, landlords are required to provide the following:

1. Safe and sanitary living conditions: Landlords must ensure that their rental properties are free from hazards that could cause harm to their tenants. This includes providing working smoke detectors, carbon monoxide detectors, and fire extinguishers.
2. Adequate heating and cooling: Landlords must provide heating during the winter months and cooling during the summer months. The heating and cooling systems must be in good working order.
3. Working plumbing and electrical systems: Landlords must ensure that the plumbing and electrical systems in their rental properties are in good working order. This includes providing hot and cold running water, functioning toilets, and working electrical outlets.
4. Pest control: Landlords must take reasonable steps to control pests in their rental properties.
5. A breach of the implied warranty of habitability can result in several legal claims against the landlord, including breach of contract, breach of implied warranty of habitability, breach of covenant of quiet enjoyment, negligence, and potential retaliation.
6. If a landlord breaches their duty to maintain a rental property, a tenant may be able to bring a legal claim against the landlord for damages. For example, a tenant may be able to recover the cost of any repairs made to the property, the cost of temporary housing if the property is uninhabitable, or other damages resulting from the breach.

Retaliation by the Landlord is Prohibited

California law prohibits landlords from retaliating against tenants who assert their legal rights. For example, a landlord may not evict a tenant or take other adverse action against them in response to a complaint about the property’s condition.

If you are a tenant and believe that your landlord has breached their duty to maintain the rental property, it’s important to speak with an attorney who can help you understand your rights and options under California law.

Eduard Braun, ESQ

Law Office of Eduard Braun, P.C.

www.eBraunLaw.com