Property Management – Canoga Park

General Rule: When a landlord (property owner) rents an apartment or a house to a tenant (renter), the rented property must be fit to live in. In other words, the rented property must be “habitable.” During the time that the property is being rented, the landlord must do maintenance work and make repairs which are necessary to keep it habitable. However, a landlord is not responsible for repairing damage caused by the tenant, or the tenant’s guests, children or pets.

Landlord’s Responsibilities

California Civil Code section 1941 states that when a landlord rents property to a tenant as a place to live, the property must be in a “habitable” condition. (“Habitable” means fit to live in; “uninhabitable” means not fit to live in.) Section 1941 also states that the landlord must repair problems that make the property uninhabitable – except for problems caused by the tenant or the tenant’s guests, children or pets. In order for the property to be habitable, it must have all of the following:

1. a) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
2. b) Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
3. c) Gas facilities in good working order.
4. d) Heating facilities in good working order.
5. e) An electrical system, including lighting, wiring and equipment, in good working order.
6. f) Clean and sanitary buildings, grounds and appurtenances (for example, a garden or a detached garage) which are free from debris, filth, rubbish, garbage, rodents and vermin.
7. g) Adequate trash receptacles in good repair.
8. h) Floors, stairways and railings in good repair.
9. In addition, the rented property must have all of the following:
10. i) A working toilet, wash basin, and bathtub or shower. The toilet and bathtub/shower must be in a room that is ventilated, and that allows for privacy.
11. j) A kitchen with a sink, which cannot be made of an absorbent material (for example, wood).
12. k) Natural lighting in every room through windows or skylights. Unless there is a ventilation fan, the windows must be able to open at least halfway.
13. l) Safe fire or emergency exits leading to a street or hallway. Stairs, hallways and exits must be kept litter free. Storage areas, garages, and basements must be kept free of combustible materials.
14. m) Operable deadbolt locks on the main entry doors of rental units, and operable locking or security devices on windows.
15. n) Working smoke detectors in all units of multi-unit buildings, such as duplexes and apartment complexes. Apartment complexes also must have smoke detectors in common stairwells.

These are minimum requirements. Other conditions may make the rented property not habitable. For example, the rented property may not be habitable if it does not substantially comply with building and housing code standards that materially affect tenants’ health and safety.