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Leasing – Why A Renter Should Know What "Habitability" Is Before Signing The Lease |
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In a rush to find a suitable place to live, many California renters do not understand the obligations that their landlords are expected to adhere to or what their obligations should be in renting any apartment, condominium or home. While most renters are more concerned and occupied with moving issues or other details of the lease, it still is important to know what the term “habitability” is and what it means.
Habitability is basically the minimum requirements that make a rental a suitable place to live in and for California renters (codes are likely to vary for different states) those legal requirements are covered under California Civil Code Section 1941.1. The following lists the general, basic legal requirements that both the landlord and tenant is required to adhere to when renting in California.
For more information on this topic, a potential renter should do an online search on his particular city’s resources for the procedure required in correcting any problem that is violated by his or her landlord. After doing some general research and inquiry, any legal advice regarding a potential problem should be sought from a qualified legal professional.
Landlord’s Legal Minimum Obligations
The landlord’s minimum “habitability” obligations are:
1. Effective waterproofing of roof and exterior walls, including unbroken windows and doors.
2. Plumbing or gas facilities installation, maintained in good working order.
3. A water supply capable of hot and cold running water, fixtures and connected to a sewage disposal system.
4. Heating facilities that are maintained in good working order.
5. Electrical lighting and electrical wiring maintained in good working order.
6. Building and grounds kept clean, sanitary free from all accumulations of debris, filth, rubbish, garbage and rodents.
7. An adequate number of garbage receptacles.
8. Floor, stairways and railings maintained in good repair.
Tenant’s Legal Obligations
A Tenant has an obligation to a landlord to reasonable care and use of the rental. His or her “habitability” obligations are: 1. Keep his or her part of the premises as clean and sanitary as possible.
2. Dispose of garbage and trash in a clean and sanitary manner.
3. Properly use the plumbing, electrical and gas fixtures and keep them as clean as their condition permits.
4. Nor permit any person on the premises (tenants or guests) to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure, facilities or equipment.
5. Occupy the premises for sleeping, cooking, dining or other purpose for which they were designed or intended.
For every nightmare story of a “slum lord” exposed in the major media there are equally as many stories of tenants who destroy and excessively damage property that don’t make the news. One of the most famous stories that did make the news was of actress Shannon Doherty, (best known for her work in Beverly Hills, 90210 and in Charmed), who allegedly destroyed and damaged her posh rental in Los Angeles.
While most renters don’t have the fame and celebrity of Ms. Doherty nor her past destructive tendencies, the above guidelines are written for responsible tenants in California who need to know what their rights and obligations are before they sign the lease and what are the legal steps provided by this civil code that they would need to take to correct any potential problem. Knowing this information before you sign the lease can assist you as you shop for a rental and to avoid any potential problems with your landlord when you actually move in.
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