Understanding a Landlord’s Duty and a Tenant’s Responsibility

In California, a landlord has a duty to make a rental fit for human habitation. But what is “fit for human habitation” and how do you know if a property is in compliance with state and local laws?

At SCREM, we are a professional, full-service property management company that serves owners and renters. We want to provide you with a brief overview of a landlord’s duty regarding habitability and repairs as well as a tenant’s rights and responsibilities. If we can be of any service to you, contact our office at (661) 255-7600. Our experienced team members can assist you with any questions regarding your rental property.

Implied Warranty of Habitability

Under California law, there is an implied warranty of habitability for residential leases. This means that a landlord must maintain a residential property in livable condition.

Some of the conditions that landlords are required to maintain include:

• Working electrical 
• Proper ventilation
• Effective waterproofing and weather protection
• Heating and gas systems that are in good working order
• Installed and maintained smoke detectors

California Heating System Requirements

Under California Civil Code Section 1941.1, a building is considered substandard and therefore not livable if it lacks adequate heating facilities. The heating system must be maintained in good working condition by the landlord. However, the landlord is not responsible for repairs if the heating system is in disrepair because of the actions of the tenant, a guest, or pet that belongs to the tenant.

In many cases, landlords and tenants are governed by state and local ordinances. In some cases, the local ordinances may exceed the state law requirements. All rental properties must comply with local building and health codes.

Notifying a Landlord of Uninhabitable Condition

If the heating system stops working in a rental property, it is important that the tenant notify the landlord immediately. If the property is managed by a property management company they can assist with all communications and ensure that the repair is made quickly and efficiently.

If you are a tenant and your heat is not working:

• Contact the landlord or property manager
• Make a request for repairs via phone and in writing
• Document the conversation
• Follow up regarding the repair request

When a property becomes uninhabitable, landlords and tenants have responsibilities. It is important to review your lease and know your options.

Hiring a Property Management Company

One of the biggest benefits to hiring a property management company is that repair requests can be coordinated through a third party. This ensures that the needs of both the landlord and tenant are met and that properties are in compliance with state and local ordinances.

If you are interested in renting your property or are seeking a rental in Southern California, contact SCREM today. As part of our full management program we can assist with repair coordination including scheduling maintenance with tenants and handling after-hour emergency calls.  Get started today by calling  (661) 255-7600 or fill out our online contact form.