California landlords must keep rentals fit to live in. Civil Code §§ 1941 and 1941.1, reinforced by Green v. Superior Court, imply a warranty of habitability covering plumbing, heat, water, electricity, and sanitation. If repairs fail after notice, a tenant may repair and deduct up to one month's rent under § 1942 or withhold rent.
Civil Code § 1941 requires a landlord to "put it into a condition fit for such occupation, and repair all subsequent dilapidations... which render it untenantable." Section 1941.1 lists required features: effective waterproofing, working plumbing, hot and cold running water, heating, electrical lighting, sanitary premises free of vermin, and floors, stairways, and railings in good repair. In Green v. Superior Court (1974), the California Supreme Court held this warranty is implied in every residential lease and is a defense to nonpayment. Under § 1942, if the landlord fails to repair within a reasonable time (30 days presumed) after notice, the tenant may repair and deduct the cost, not exceeding "one month's rent," "not... more than twice in any 12-month period."
Breach lets a tenant repair-and-deduct, withhold rent, sue for damages and rent abatement, or raise habitability as a defense in an unlawful detainer. Substandard conditions can also trigger code-enforcement penalties and, in serious cases, civil penalties under tenant-protection statutes.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
San Leandro, CA
SLMC §4-1-1115 prohibits use of any loudspeaker, loudspeaker system, public address or similar device between 10:00 p.m. and 8:00 a.m. when it disturbs neigh...
San Leandro, CA
San Leandro is unusual among Bay Area cities: SLMC Article 11 sets only one numeric noise threshold — 5 decibels above ambient at the complainant's property ...
San Leandro, CA
San Leandro does not recognize any 'dibs' or 'savie' parking custom. Public streets are public space — placing chairs, cones, garbage cans, or other objects ...
San Leandro, CA
Permitted fence/wall materials are wood, steel, finished concrete, and stucco. Chain-link and corrugated metal fencing are prohibited. Street-facing fences m...
San Leandro, CA
Retaining walls 4 feet or less measured from bottom of footing to top of wall are exempt from a building permit, unless they support a surcharge (e.g., drive...
San Leandro, CA
San Leandro has no standalone hoarding statute, but SLMC §4-11-1100 caps household dogs at two and applies an Animal Permit requirement to additional animals...
See how San Leandro's repairs & habitability rules stack up against other locations.
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