| WHAT
ARE A TENANT’S RESPONSIBILITIES TOWARD
HIS RENTAL?
Section 1941.2
provides:
(a) No duty
on the part of the landlord to repair a dilapidation
shall arise under Section 1941 or 1942 if the
tenant is in substantial violation of any of
the
following affirmative obligations, provided
the tenant’s violation contributes substantially
to the existence of the dilapidation or interferes
substantially with the landlord’s obligation
under Section 1941 to effect the necessary repairs:
(1) To keep that part of the premises which
he occupies and uses clean and sanitary as the
condition of the premises permits.
(2) To dispose from his dwelling unit of all
rubbish, garbage and other waste, in a clean
and sanitary manner.
(3) To properly use and operate all electrical,
gas and plumbing fixtures and keep them as clean
and sanitary as their condition permits.
(4) Not to permit any person on the premises,
with his permission, to willfully or wantonly
destroy, deface, damage, impair or remove any
part of the structure or dwelling unit or the
facilities, equipment, or appurtenances thereto,
nor himself do any such thing.
(5) To occupy the premises as his abode, utilizing
portions thereof for living, sleeping, cooking
or dining purposes only which were respectively
designed or
intended to be used for such occupancies.
(b) Paragraphs (1) and (2) of subdivision (a)
shall not apply if the landlord has expressly
agreed in writing to perform the act or acts
mentioned therein.
WHEN DOES A TENANT HAVE
THE RIGHT TO MAKE REPAIRS ON HIS RENTAL?
Editor’s Note:
This question and answer section was prepared
in response to frequently asked questions by
members and students in our various educational
programs. All language is taken directly from
the California Civil Code. The outline format
differs from formal English grammar outline
because the Code mirrors annual changes in the
law with numerous additions and deletions written
by various state senators and assemblymembers.
Additional legal resources are listed at the
end of this
special section.
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