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Q.What makes a rental unit uninhabitable?
A.The implied warranty of habitability is not violated merely because the rental unit is not in perfect, aesthetically pleasing condition. The implied warranty of habitability is not violated if there are minor housing code violations (e.g. lack of a working phone jack), which, standing alone, does not affect habitability.131
However, pursuant to California Civil Code Section 1941.1, the implied warranty of habitability may be breached if the rental unit substantially lacks one or more of the following:
- Effective waterproofing and weather protection of the roof and outside walls; unbroken doors and windows.
- Plumbing, electricity and gas facilities in good working order.
- A reasonable amount of hot and cold running water, and a sewage disposal system.
- Adequate and safe heating facilities (at least 4 rooms must have an adequate heat source).
- Electrical lighting, wiring and equipment maintained in good working order.
- Floors, stairways and railings maintained in good repair.
- An adequate number of containers for the disposal of garbage.
- Buildings and grounds which are free of rubbish, garbage, rodents and other pests.
In addition, a rental unit will be deemed uninhabitable if there is the presence of mold, lead, or a structural hazard in the rental unit is affecting either the livability of the unit or the health and safety of its occupants. Similarly, if the rental unit lacks proper sanitation and in turn is endangering the health, life, or safety of its occupants or the public, the unit will be deemed uninhabitable. The implied warranty of habitability is also breached if a local health officer determines the rental unit is contaminated by methamphetamine. A rental unit may also be deemed uninhabitable (unlivable) if a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.
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