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The Warranty of Habitability

 

 Under Construction

 

Every rental agreement or lease in California includes within it an implied warranty of habitability as a part of the contract between the landlord and tenant. This is true whether the lease or agreement is for one month or one year, and regardless of whether or not the tenant waives the right. Any attempt for a tenant to waive this fundamental right is void. A landlord is legally obligated to provide minimum housing services in accordance with public policy.

 

The warranty of habitability was judicially introduced in the landmark case of Green vs. Superior Court, 10 Cal. 3d 616 (1974). Thereafter it was codified in California Civil Code Section 1941.1. The obligations which make up the warranty of habitability are periodically enlarged. They have never been reduced since initially introduced.

 

The warranty obligations currently include the following essential services which are the responsibility of the landlord:

 

1. A waterproof and weatherproof structure and unit, which effectively keeps water and wind from entering. (CC 1941.1)

2. A working plumbing system, connected to water and a sewage system. (CC 1941.1)

3. A hot water system capable of maintaining hot water at a temperature of no less than 110-degrees Fahrenheit. (CC 1941.1 and UHC)

4. A heating system, which may not be currently code compliant, but which was code compliant at the time of its installation, that is capable of maintaining heat in each room at a temperature of at least 60-degrees Fahrenheit. Note - local ordinances often require a higher standard.

5. An electrical system, which may not be currently code compliant, but which was code compliant at the time of its installation, currently in good functioning working order.  Each room must have at least 2 outlets or a light and one outlet. 

 

UNDER CONSTRUCTION.

Last Revision:  11.17.2008

V.  .9