WHAT STANDARDS DOES A RENTAL UNIT HAVE TO MEET?

Section 1941.1 provides:

A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:

(a) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.

(b) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.

(c) Awater supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold
running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.

(d) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.

(e) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.

(f) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.

(g) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate
serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control.

(h) Floors, stairways, and railings maintained in good repair.

Editor’s Note: Building codes are spelled out in more detail in Health & Safety Code 17920.3, including violations of adequate sanitation, structural safety, weather protection, plumbing and mechanical equipment, among others.

Section 17995 (and following) provides penalties for property owners who are convicted of violations or found in contempt of court orders twice in five years.
The penalty is a fine of up to $5000 and/or imprisonment of up to six months.

Property owners convicted or found in contempt for a second time in five years of flagrant violations shall be assessed a fine of up to $5000 and face imprisonment of not less that six months or more than one year.

WHAT ARE A TENANT’S RESPONSIBILITIES TOWARD 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.