What Is the Implied Warranty of Habitability in California?

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In the previous article we touched on the topic of the Implied Warranty of Habitability in California.

This is an issue that should be of importance to every landlord and renter in the state. It essentially forms the basis for what a tenant should expect from a rental property and it also provides a landlord with the “framework” that they should use for determining if their rental property is in rent ready condition or not.

If you’re not familiar with the term “implied warranty of habitability”, this article will provide you with a breakdown of what this legal term means and more in-depth information on how it applies to you.

 Implied warranty of habitability History

The implied warranty of habitability dates back to the 1974 landmark case of Green V. the Superior Court. In this case, the court recognized that there is an implied warranty of habitability with rental properties. This means that a landlord must ensure that a rental property is in “aesthetically pleasing condition”, well-maintained, and offers good living requirements before they choose to rent the property out.

Breaking Down the Implied Warranty of Habitability 

For a rental property to be considered “habitable”, it must meet the following requirements:

Water Proofing – The rental property must be completely waterproof, have a perfectly functioning roof, exterior walls, plus windows and doors that do not let in any water in during the rainy season.

Plumbing – All plumbing in the rental property must function normally, this includes the sinks, toilets, showers, and bathtubs that maybe in the property.

Gas – If the property has natural gas, it has to be in proper working order when the tenant moves in.

Electrical – As with everything that we mentioned above, the electrical in the rental property must also be in perfect running order as well and maintained on a regular basis (if needed) so that it can be ready for use when the tenant first moves in.

Safety – The rental property must also be a safe place to live and have working locks on all doors and windows. 

Contact RPM Central Valley

To learn more about the implied warranty of habitability, or to speak with us about our property management services, contact RPM Central Valley today by calling us at 209-572-2222 or click here to connect with us online.