What are the specific conditions that must be met for a rental property to be considered "habitable" under California law?
Under California law, a rental property is considered "habitable" if it is safe, sanitary, and fit for human occupation. The landlord is legally required to provide and maintain specific essential features and services.
Here are the specific conditions a rental property must meet to be considered habitable:
Condition 1: Effective Weatherproofing
The property must have an intact roof, walls, windows, and doors that effectively protect you from the elements. This includes no broken windows or significant leaks.
Condition 2: Functional Plumbing and Gas
All plumbing and gas facilities must be in good working order and must have been installed in compliance with the laws in effect at the time of installation. This means no major leaks or non-working toilets.
Condition 3: Hot and Cold Running Water
The unit must have a water supply that can produce both hot and cold running water. This water system must be connected to a functioning sewage disposal system.
Condition 4: Functioning Heating System
The property must be equipped with a heating system that is in good working order and can adequately heat the living spaces.
Condition 5: Safe Electrical System
All electrical lighting, wiring, and associated equipment must be properly installed, functional, and maintained in a safe condition.
Condition 6: Clean and Sanitary Premises
The building, grounds, and all areas under the landlord's control must be kept clean, sanitary, and free from accumulations of garbage, filth, rodents, and other pests.
Condition 7: Adequate Trash Receptacles
The landlord must provide a sufficient number of trash cans or bins that are in good condition for the tenant's use.
Important considerations:
A landlord's duty to repair these conditions only begins after you give them proper notice of the problem, preferably in writing. The issue must be substantial and directly impact your health or safety; minor cosmetic issues do not make a unit legally uninhabitable. You are responsible for repairing any damage that you, your guests, or your pets cause.
Note:
Before you can legally withhold rent or use the "repair and deduct" remedy, you must provide the landlord with written notice and a reasonable time to make the repairs. Failing to follow the specific procedures outlined in California Civil Code Section 1942 can put you at risk of eviction for non-payment of rent.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Real Estate
Housing, rental rights, and property laws
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