Counsel, Advocacy & Representation for California Tenants

California tenants and the right to decent and habitable housing

The Implied Warranty of Habitability Requires Residential Properties Conform to Standards

California tenants have a right to insist that the landlord keep the rental property maintained in safe and sanitary condition.   This legal obligation requires landlords and their managers to guarantee certain basic features in rental housing.  This is why it is known as the warranty of habitability.  The law imposes the warranty upon landlords whether they like it, or not.

Landlords and property managers cannot get out of the obligations included in the warranty by clever language in the lease agreement, or because the property has been a dump for a long time.  It is this  “no excuses allowed”  feature of the legal mandate that makes it an implied warranty.

The Court decision that recognized the implied warranty of habitability in residential rental agreements has been around for four decades.  In Hinson v. Delis the Court held that when a landlord fails to “substantially obey the housing codes and make the premises habitable” then that landlord was in material breach of the rental agreement with his tenant.

In Green v. Superior Court the California Supreme Court expanded the warranty and affirmed that when a landlord´s maintenance of a rental property fails to keep the home or apartment in decent and livable condition, then a tenant is justified in withholding the payment of rent.

“A landlord’s breach of a warranty of habitability directly relates to whether any rent is “due and owing” by the tenant; hence, such breach may be determinative of whether the landlord or tenant is entitled to possession of the premises upon nonpayment of rent. Accordingly, the tenant may properly raise the issue of warranty of habitability in an unlawful detainer action.”

Green v Superior Ct. (1974) 10 Cal. 3d 616, 620

Green v. Superior Court compares the implied warranty of habitability to the warranty of fitness that is implied whenever a product is placed into the market for public consumption.  The decision explains why the conditions within a rental unit are relevant to the issues a court must decide when hearing an eviction lawsuit.

In most significant respects, the modern urban tenant is in the same position as any other normal consumer of goods… Through a residential lease, a tenant seeks to purchase “housing” from his landlord for a specified period of time. The landlord “sells” housing, enjoying a much greater opportunity, incentive and capacity than a tenant to inspect and maintain the condition of his apartment building. A tenant may reasonably expect that the product he is purchasing is fit for the purpose for which it is obtained, that is, a living unit.

Green v Superior Ct. (1974) 10 Cal. 3d 616, 620

Today the habitability of the dwelling unit has become the very essence of the residential lease; the landlord can as materially frustrate the purpose of such a lease by permitting the premises to become uninhabitable as by withdrawing the use of a portion of the premises.”

The Legal Definition of Habitable

  • The California Civil Code Section 1941.1 requires that the landlord provide all of the following to any residential rental property.
  • Effective waterproofing and weather protection of the roof and exterior walls, including unbroken windows and doors.
  • Plumbing, electricity, and gas facilities maintained in good working order.
  • Hot and cold running water and a sewage disposal system.
  • Sufficient heating facilities maintained in good working order
  • Electrical lighting, with wiring and electrical equipment which is maintained in good working order.
  • Working electrical outlets in each room.
  • Floors, stairways and railings maintained in good repair.
  • An adequate number of containers for garbage, kept clean and in good repair.
  • Building and building grounds free of trash, rubbish, rodents, and other pests.
  • A working toilet, washbasin, and bathtub or shower, in a room which is ventilated.
  • An operable dead bolt lock on each main swinging entry door.
  • At least one working telephone jack and phone line.

Section 1941.1 also incorporates Sections 17920.30 and 17920.10 of the Health and Safety Code.  This portion of the Health and Safety code defines “substandard building.”  A building can be substandard if it has inadequate sanitation, structural hazards, any nuisance, faulty wiring, faulty plumbing, or faulty mechanical equipment.  This section is very detailed.   Click here if you would like to read the entire text.

If the problem you have with your rental falls within one of the categories of defects described in the Civil Code Section 1941.1, or if it a substandard building as defined by Section 17920.30 of the Health and Safety Code, and it prevents you from enjoying the property, then you have good reason to complain, and every right to expect that the situation will be taken care of.

Habitable is not in the eye of the beholder.

How many times have you heard from the landlord that you are the only tenant that complains?  That everyone else seems to have no problem with the cockroaches, and that the good tenants understand the heating system just doesn’t work.   The fact is many landlords and management companies are under the impression that tenants need to be able to tough it out.  That is not the law in California.  Landlords do have a responsibility to their tenants.

Habitable means more than your landlord may be willing to admit.  It means your landlord cannot simply tell you to put up with the leaking roof and windows.  Your landlord cannot make you responsible for the cost of maintaining the plumbing that constantly backs up.  Tenants are not required to just put up with the rubbish the landlord refuses to move out of the backyard.  None of these situations described above will literally stop a tenant from being able to inhabit the rental, but they are each an example of a breach of warranty of habitability.

Effective Communication is Critical

It is important to remember that the relationship with the landlord is centered upon a contract.  It might be a friendly relationship, but that doesn’t change the fact that your landlord expects you to pay the rent.  Tenants also have a right to insist that the landlord live by his or her legal obligations.   Some tenants fear that their landlord will be put off by complaints about the property , and it is true that a few landlords do react negatively.  But whether your landlord likes it or not, certain kinds of problems are his responsibility to fix, and you have both a legal right and responsibility to make the landlord aware of the problem.  If you do not make a complaint to your landlord about the problem, then he or she will always have an excuse to leave it alone.  It may be the case that the landlord knows that the roof leaks, but maybe not.  Don’t be shy about asserting you right to habitable housing.

If the problem you have is a serious enough bother complaining about, then you should make the complaint in writing.  Make sure to sign and date the letter or email, and make sure you include your address.   Keep a copy for your records.  If the landlord doesn’t act on the problem , then follow up.  If you get nothing but excuses, or are told to stop being difficult, then you shouldn’t hesitate to contact a lawyer.  Nothing says “you need to pay attention” like a demand letter.  It lets your landlord understand that you are serious about your contractual and legal rights, and often results in a degree of respect from your landlord that is all too frequently in short supply.

Tenants must Effectivly Prepare Evidence

Once you have made complaints concerning the conditions that violate the warranty, make sure that you have lots of photographs.  Don’t just keep them on your phone.  Print the photographs out, or save them to the hard drive of a computer, pass them out to neighbors, or store them on the cloud, but make sure you don’t lose them.  If your landlord wants to make some arrangement to change the rental agreement, or offers some concession or explanation why the problem cannot be fixed, then ask them to put these into written form.

In Green v. Superior Court  the California Supreme Court summed up the law over three decades ago with the following:


“Thus, in keeping with the contemporary trend to analyze urban residential leases under modern contractual principles, we now conclude that the tenant’s duty to pay rent is “mutually dependent” upon the landlord’s fulfillment of his implied warranty of habitability.”

Green v Superior Ct. (1974) 10 Cal. 3d 616, 635

Get professional assistance

Just like any contract, when rental agreements and the parties to them are in dispute, then it will ultimately fall to the court system to decide who is in the right under the law.  A good lawyer can help you to chart your own destiny, and if contacted early on when you first face a conflict with the landlord, I can often help tenants to avoid court.  If your landlord refuses to fix your problems, then you may have to withhold rent in order to get her cooperation.  This should only be done after you have prepared an appropriate record of the problem, advised the landlord  or her agent about the problem, made your demand that it be fixed, and preserved all relevant evidence about the landlord’s efforts, or lack of effort, to remedy the situation.  Even after doing all this, every situation presents unique facts and questions that need to be addressed, and legal advice from a tenant rights specialist can prevent tenants from making legal missteps.

Rent is not the only responsibility arising out of the rental contract.  Your landlord has to do more than simply provide a roof to sleep under.  In California, tenants that rent their homes have every right to demand that the landlord assure that the rental property is in decent and suitable condition.  It doesn’t matter if your house was a dump when you moved in, or has just slowly deteriorated over the course of many years.  Once your landlord is put on notice that the house falls short of the standards outlined in the Statutes, then he or she needs to take some action.  If the landlord or property manager refuses to act, then you have legal rights, and remedies to either enforce the terms of your rental contract, or to be released from your obligations under the same.

Parties that go to court without a lawyer should expect the worse.   Eviction lawsuits are not small claims cases, and it is not a good idea to defend against one without an attorney.

It is equally unwise to assume that simply because the law requires your landlord to live up to the warranty of habitability the process to getting the problems in your house or apartment resolved will be straight-forward.

Click on the button below to set an appointment with an attorney today to better understand and assert your rights.

We will help you to get your landlord’s attention and get the problems resolved.

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If you have a situation that is more than a question, and are already having a dispute with your landlord, then information alone is often not enough to settle the matter to your advantage. What most renters need, but seldom have, is an attorney who knows the law, and the landlord’s duties under the law, and is not afraid to advocate for tenants.

Even the most informed tenants can find the court system overwhelming.  Defending against eviction on your own is more than just challenging.  Fort the unprepared and unrepresented it is an ordeal filled with traps.  Tenants who go to court without an attorney frequently enter into bad agreements and suffer humiliation at the hands of the landlord’s lawyers. Having an experienced attorney on your side will make a difference.

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If your situation is not a lawsuit in court, but rather a question, or a curiosity about what the law says, there are many places where you can find educational materials, and  every tenant should become familiar with the legal protections for tenants in California law.

Many times the answer to tenants’ legal questions are more complicated than they may first appear.  It’s important to be careful, and not to rely upon every piece of information posted online, or simply accept the advice of friends and neighbors.  Make sure the source of your legal advice is reliable and up to date.

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Written notices demanding the payment of rent, notices that threaten the termination of your lease, accusations of illegal activity, and notices of changes in terms and conditions of a lease from a landlord or property manager are often the prelude to legal action.  They must be taken seriously.  It is critical for tenants to respond to notice from a landlord intelligently and prudently.

Before you agree to excessive rent increases, or allow the oppressive actions of the owner or management intimidate you, meet with a professional.

Information, early in time, is the key to success.  Often times becoming informed can help you to avoid being on defense.  If you are not able to avoid litigation, then consult with an attorney who stands with tenants and defends their rights.

Don't Waste Time

When a tenant has a legal conflict with the landlord, there is often only a short period of time to act.  Under California law, landlords are usually required to give notice to tenants before they resort to legal action. However, most of these legally required notices give a tenant only three days to act.  When a tenant fails to act within the three days then the landlord can proceed to court.

Once an action to evict (also called unlawful detainer) is filed against a tenant in court, it can move very quickly.   Landlords enjoy a unique legal procedure, which is known as a summary proceeding.   Once a tenant is sued in court, and then served with an unlawful detainer summons, then he or she has only five days to respond.

If your landlord has sued you or is threatening to sue you, then you must act quickly. Hesitation and uncertainty can lead to a loss of money, loss of security and the loss of your home. Don’t wait.  Schedule an appointment for a consultation  immediately to discuss your case.