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Q.What is the Implied Warranty of Habitability?
A.A landlord has the duty ensure that a rental is habitable before the keys to the rental unit are turned over to a tenant. A landlord is also required to repair problems which make the rental unit uninhabitable. Pursuant to California case law, all leases and rental agreements, oral and written, come with the implied warranty of habitability. Green v. Superior Court (1974), 10 Cal.3d. 616. This warranty cannot be waived. This warranty exists even if a rental agreement or lease contains a clause to the contrary.
Under the "implied warranty of habitability," the landlord is legally required to repair conditions that seriously affect either the health or safety of the rental unit's occupants or fails to substantially comply with one or more of the state and local building and health codes. 119 "Habitable" means the rental unit conforms to the standards set forth in California Civil Code Section 1941.1.
However, the landlord is not responsible under the implied warranty of habitability for damage caused by the tenant or the tenant's family, guests, or pets.
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