Tenantability
The California statutory standard for habitable residential premises. Cal. Civ. Code § 1941.1 lists the specific conditions a landlord must maintain: effective waterproofing, plumbing, heating, electrical, clean premises, and working building systems.
Also known as: habitability standard, minimum habitation standard
Definition
Tenantability is the California statutory standard governing the minimum habitability conditions a landlord must maintain in a residential rental unit throughout the tenancy, codified at Cal. Civ. Code § 1941.1.
Statutory Requirements
Cal. Civ. Code § 1941.1 provides that a dwelling shall be deemed untenantable if it substantially lacks any of the following:
- Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors
- Plumbing or gas facilities in good working order, including hot and cold running water
- An adequate number of appropriate receptacles for garbage and rubbish in clean condition
- Floors, stairways, and railings in good repair
- A heating system capable of maintaining 70°F (21°C) in all habitable rooms when the outside temperature is 60°F (16°C)
- Electrical lighting, wiring, and equipment in good working order
- Building and grounds kept free from debris, filth, rubbish, garbage, rodents, and vermin
- Adequate ventilation and natural light in every room intended for human occupancy
- Dead bolt locks and window locks (§ 1941.3)
Landlord Duty
Under Cal. Civ. Code § 1941, the landlord must put the unit into tenantable condition at the commencement of the tenancy and maintain it throughout. This duty is non-waivable.
Relationship to Other Standards
The tenantability standard incorporates HUD's Housing Quality Standards (HQS) for units in the Housing Choice Voucher program (24 CFR § 982.401) and REAC physical inspection standards for project-based assisted housing.
Sources
- Cal. Civ. Code § 1941.1, California Leginfo —
ca-leginfo - Cal. Civ. Code § 1941, California Leginfo —
ca-leginfo - 24 CFR § 982.401, eCFR (HQS) —
ecfr
Frequently asked questions
Statutory Requirements
Cal. Civ. Code § 1941.1 provides that a dwelling shall be deemed untenantable if it substantially lacks any of the following: Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors Plumbing or gas facilities in good working order, including hot and cold running water An adequate number of appropriate receptacles for garbage and rubbish in clean condition Floors, stairways, and railings in good repair A heating system capable of maintaining 70°F (21°C) in all habitable rooms when the outside temperature is 60°F (16°C) Electrical lighting, wiring, and equipment in good working order Building and grounds kept free from debris, filth, rubbish, garbage, rodents, and vermin Adequate ventilation and natural light in every room intended for human occupancy Dead bolt locks and window locks (§ 1941.3)
Landlord Duty
Under Cal. Civ. Code § 1941, the landlord must put the unit into tenantable condition at the commencement of the tenancy and maintain it throughout. This duty is non-waivable.
Relationship to Other Standards
The tenantability standard incorporates HUD's Housing Quality Standards (HQS) for units in the Housing Choice Voucher program (24 CFR § 982.401) and REAC physical inspection standards for project-based assisted housing.
Sources
Cal. Civ. Code § 1941.1, California Leginfo — ca-leginfo Cal. Civ. Code § 1941, California Leginfo — ca-leginfo CFR § 982.401, eCFR (HQS) — ecfr