A landlord has the responsibility to make a rental property habitable, and California law specifies what a property must include to remain in such a condition. The repair and replacement of appliances and carpets are often the cause of disputes between landlords and tenants, so the law seeks to clarify what conditions affect the health and safety of tenants and what conditions do not.

Habitability

A rental unit must meet local and state health and building codes to be considered habitable. In California, a habitable property must have proper plumbing with working hot and cold water; working gas, heat and electric systems; proper weatherproofing of roof, walls and windows; operating smoke detectors; safe and clear emergency exits; and no harmful conditions such as mold or toxic fumes. Appliances and carpet only apply if they somehow affect the health and well-being of residents.

Appliances

California law considers appliances, such as refrigerators and dishwashers, as amenities, and their absence in a rental does not make the property uninhabitable. Therefore, landlords can customize their lease agreements to cover appliances, and the lease agreement must clearly state who is responsible for repairs. Tenants should read this part of the lease agreement carefully to see what they are agreeing to with regard to repairing or replacing appliances.

Carpet Conditions

California law does not specify when landlords must replace carpeting in rental units. It does clarify that worn or aged, but otherwise undamaged, carpet does not affect a property’s habitability. The only time a landlord must replace the carpet is if it somehow affects the health or safety of the tenants, such as if the carpet is moldy, unsanitary or ripped. The law does not govern aesthetics, so even if the carpet is stained or old, as long as it is in fair condition, the landlord does not have to replace it.

Security Deposits

If the appliances or carpet were damaged by tenants or their guests, landlords can deduct the cost of the replacement from the security deposit. However, landlords cannot charge the full price against the deposit. Depending on the age of the appliance or carpet, the landlord must pro-rate the cost against the average life of the appliance or carpet. For example, carpeting has a useful life of 10 years. If a tenant moves in when the carpet is eight years old and damages it, the landlord may pro-rate the cost of the carpet replacement for the two years left of the useful life.

From: http:http://homeguides.sfgate.com/