Breach of Implied Warranty of Habitability

In virtually every state in the nation, tenants are legally entitled to a safe and livable residences. In the area of law, this is referred to as the implied warranty of habitability. The state of California is no exception to this rule.

When a California landlord refuses to provide these basic requirements or fails to make repairs when necessary, the implied warranty of habitability has been breached. A tenant may have the right to sue the landlord in these situations

Summary of the Implied Warranty of Habitability

Whether a California landlord knows this or not, they have the legal obligation to provide tenants with a livable place by the simple virtue of holding the premises out for rent. The implied warranty of habitability became law in the early 1970s and every state except Arkansas has incorporated this into their laws either by legislation or through court decisions.

Significance of an Implied Warranty Breach

It is important to understand that the aforementioned list describes issues that are major and not minor. Of note, a defect is considered “minor” not because of the cost of repair but because it does not render the property uninhabitable. A “major” issue is one that makes the property unlivable.

In short, California’s implied warranty of habitability requires a landlord to keep the premises in a condition fit for the occupation of human beings. Landlords must substantially comply with housing and building codes/standards that materially affect a tenant’s safety and health. If your California landlord does not provide adequate heat or hot water regularly or fails to get rid of an insect infestation or rodent infestation, for example, then the implied warranty of habitability has been breached. On the other hand, if a tenant causes the unlivable, unclean, or unsafe condition by damaging the property, it is not the landlord’s responsibility to repair fix any arising issues.