If a tenant raises a breach of the warranty of habitability, you must determine whether there has been a substantial breach. [See CCP §1174.2(a).] In some cases you weigh the evidence, in others you are aided by some statutory guidance. For example, there is a per se substantial breach if the landlord has failed to comply with any building and housing code standards “which materially affect health and safety.” [See CCP §1174.2(c).]
“Habitability” comprises a number of standard conditions relating to plumbing, heating, electricity, and other aspects of residential living, nearly all of which are set out in CC §1941.1, as follows:
- Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
- Plumbing or gas facilities that conform to applicable law in effect at the time of installation, and maintained in good order.
- A water supply approved under applicable law capable of producing hot and cold running water, furnished through appropriate fixtures, and connected to an approved sewage system.
- Heating facilities conforming to applicable law at the time of installation and maintained in good order.
- Electrical lighting, with wiring and electrical equipment conforming with applicable law at the time of installation and maintained in good working order.
- Premises clean at the time of commencement of the rental agreement, free from debris, filth, rubbish, garbage, rodents, and vermin, with lessor-controlled areas kept free from debris, filth, rubbish, garbage, rodents, and vermin.
- Adequate garbage and rubbish receptacles.
- Floors, stairways, and railings maintained in good repair.
- A locking mail receptacle for each unit in a residential hotel (operative on July 1, 2008).
- Door locks and window locks in certain circumstances. [See CC §1941.3.]
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