| Before
renting a rental unit to a tenant, a landlord must make the unit fit to
live in, or habitable. Additionally, while the unit is being rented, the
landlord must repair problems which make the rental unit unfit to live
in, or uninhabitable. The landlord has this duty to repair because of a California Supreme Court case, called Green v. Superior Court,80 which held that all residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit’s habitability.81 That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes.82 However, the landlord is not responsible under the implied warranty of habitability for repairing damages which were caused by the tenant or the tenant’s family, guests, or pets.83 Generally, the landlord also must do maintenance work which is necessary to keep the rental unit livable.84 Whether the landlord or the tenant is responsible for making less serious repairs is usually determined by the rental agreement. The law is very specific as to what kinds of conditions make a rental uninhabitable. These are discussed in the following pages. |
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