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Rights and responsibilities for maintenance of property

California law requires that a landlord, before renting a housing unit, put the rental unit into a condition that is fit for human occupancy. After the unit is rented, the landlord has a continuing duty during the term of the rental agreement to make all necessary repairs to ensure that the unit remains habitable. [See Civil Code Section 1941.]

The landlord's normal responsibilities include the following: [See Civil Code § 1941.1]

• Waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
• Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
• A water supply capable of producing hot and cold running water, furnished with appropriate fixtures. It must be connected to a sewage disposal system approved under applicable law.
• Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
• Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
• Building and grounds under control of the landlord kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
• An adequate number of containers for garbage and rubbish, in clean condition and good repair.
• Floors, stairways, and railings maintained in good repair.

The tenant's normal responsibilities include the following: [See Civil Code § 1941.2]

• To keep that part of the property which he or she occupies and uses as clean and sanitary as the condition of the premises permits.
• To dispose of all rubbish, garbage and other waste from his or her dwelling unit, in a clean and sanitary manner.
• To properly use and operate all electrical, gas and plumbing fixtures, and keep them as clean and sanitary as their condition permits.
• Not to permit any person to destroy, deface, damage, or remove any part of the dwelling unit, or the facilities, equipment, or accessories of it. Nor should he or she do any such thing.
• To live in the premises as his or her home, using portions thereof for living, sleeping, cooking or dining purposes only which were designed or intended to be used for such occupancy.

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