According to the California Civil Code, property owners must ensure that certain conditions that make the dwelling habitable and safe for potential tenants are met. These conditions include the installation of electricity, gas and sanitation facilities, as well as the installation of adequate locks and safety systems. If a landlord does not meet these conditions, the tenant has the option of deducting the repair costs from his rent or evacuating the premises without restrictions. An owner may also be held responsible for certain safety breaches that occur on his property if the uncertain condition or action had been foreseeable or avoided. The following living conditions would be considered uninhabitable: as in the case of leases, the old common law doctrine states that once the tenant has signed the tenancy agreement, it must accept the premises as it finds them. As she could inspect before the lease was signed, she should not complain afterwards. In addition, hidden defects, when revealed, should be light enough for the tenant himself to remedy them. Today, this rule no longer applies, at least more so for residential rents. Unless the parties expressly agree otherwise, the lessor does not comply with his tenancy agreement if the conditions of use of the dwelling are inadequate if the tenant is to move in. The lessor is bound by a tacit guarantee of habitability. While each tenancy agreement has a general tacit guarantee of livability, the owner-tenant law also imposes specific maintenance obligations on each landlord. These tasks include: If the problem is pervasive and the tenant`s right to reside in a habitable structure, the tenant can simply leave the rented apartment and terminate the lease. This could lead to legal action against the owner, described as constructive eviction action.
In particular in the case of commercial tenancy agreements, many of the remedies available to the tenant are limited or eliminated. Tenant protection laws are generally more difficult to waive, even in a tenancy agreement. It is recommended that the effective tenancy agreement be verified with the assistance of a competent lawyer before it relies on the corrective measures described below. The lessor is not only responsible for complying with the above conditions at the time of the lease, but is also required to monitor all necessary repairs, except in cases where the tenant violates one of the following obligations: This rent is not necessarily limited to the periodic payment indicated, commonly referred to as „rent”. The tenant may also be responsible for the taxation, such as taxes and benefits, which must be paid to the landlord as rent.