When is a Rental Unit Considered Uninhabitable and what are the Tenant’s Remedies?

California landlords have an obligation to ensure the rental unit is fit to live in, or habitable. As part of this duty, landlords must repair problems that make the rental unit unfit to live in. This obligation arises from the implied warranty of habitability that is part of all residential leases, irrespective of whether the warranty is explicitly spelled out in the rental contract.  This article discuss the scope of the implied warranty of habitability and the remedies available to a tenant when the warranty is breached.    

What Makes a Rental Unit Uninhabitable?

In California, a dwelling may be considered uninhabitable if it lacks any of the following:

• Working plumbing facilities.

• Hot and cold running water.

• Working gas facilities.

• Working heating facilities.

• A working electrical system.

• Effective waterproofing and weather protection of the home.

• Sanitary buildings and grounds, free from debris, filth, rubbish, garbage, rodents, and vermin.

• Adequate trash receptacles in good repair.

• Floors, stairways, and railings in good repair.

• A working toilet, wash basin, and bathtub or shower with proper ventilation

• Safe fire or emergency exits leading to a street or hallway.

• Operable dead bolt locks on the main entry door of rental units, and operable locking or security devices on windows.

• Working smoke detectors

Conversely, the implied warranty of habitability is not violated merely because the rental unit is not in perfect, aesthetically pleasing condition. Nor is the implied warranty of habitability violated if there are minor housing code violations, which, standing alone, do not affect habitability.  The implied warranty of habitability also does not extend to problems with the livability of the rental unit that were caused by the tenant. 

What Are the Tenant Remedies When the Unit is Uninhabitable?

If the landlord neglects to make necessary repairs without a good reason, the tenant may have one of several remedies, depending on the seriousness of the repairs. These remedies include the “repair and deduct” remedy, the “abandonment” remedy, and the “rent withholding” remedy.

The “repair and deduct” remedy allows a tenant to deduct money from the rent, if those repairs would not cost more than one month’s rent, to pay for repair of defects in the rental unit. This remedy covers substandard conditions that affect the tenant’s health and safety, and that substantially breach the implied warranty of habitability. Examples might include a plumbing leak or a broken smoke detector.

Instead of using the repair and deduct remedy, a tenant can move out of a defective rental and avoid responsibility for payment of further rent.   This remedy is also available where the rental unit has substandard conditions that affect the tenant’s health and safety or substantially breach the implied warranty of habitability.

A tenant may also withhold some or all of the rent if the landlord does not fix serious defects that violate the implied warranty of habitability. The defects or needed repairs must be more serious than would justify use of the repair and deduct and abandonment remedies. The defects must be substantial—they must be serious ones that threaten the tenant’s health or safety.

Please contact Lynx Legal with any questions regarding the above, or to discuss any issues relating to a contemplated eviction of your tenant.  We can be reached at 888-441-2355 or info@lynxlegal.com.  You can also schedule a free telephone consultation with one of our representatives on our website.  Our experienced professionals are standing by to assist in any way we can.