Cal. Civ. Code § 19
Notice to landlord of unsafe condition; tort actions for injuries resulting from uncorrected condition
Operative Text
Section 19. A landlord or lessor of any real estate except an owner-occupied two- or three-family dwelling shall, within a reasonable time following receipt of a written notice from a tenant forwarded by registered or certified mail of an unsafe condition, not caused by the tenant, his invitee, or any one occupying through or under the tenant, exercise reasonable care to correct the unsafe condition described in said notice except that such notice need not be given for unsafe conditions in that portion of the premises not under control of the tenant. The tenant or any person rightfully on said premises injured as a result of the failure to correct said unsafe condition within a reasonable time shall have a right of action in tort against the landlord or lessor for damages. Any waiver of this provision in any lease or other rental agreement for residential use shall be void and unenforceable. The notice requirement of this section shall be satisfied by a notice from a board of health or other code enforcement agency to a landlord or lessor of residential premises not exempted by the provisions of this section of a violation of the state sanitary code or other applicable by-laws, ordinances, rules or regulations.
Mass. Gen. Laws c. 186 § 19 establishes a process by which a tenant's written notice—sent by registered or certified mail—triggers a landlord's legal duty to address an unsafe condition within a reasonable time, provided the condition was not caused by the tenant or someone connected to the tenant. The rule applies to most rental properties, excluding owner-occupied two- or three-family dwellings, and it covers conditions in areas the tenant controls. If a landlord fails to correct the reported condition within a reasonable time, any person lawfully on the premises who is injured as a result may bring a tort claim for damages, and any lease clause attempting to waive this protection is void.
Plain English — not legal advice.
Under Mass. Gen. Laws c. 186 § 19, operators of covered rental properties—generally those that are not owner-occupied two- or three-family dwellings—are expected to track incoming written notices of unsafe conditions sent by registered or certified mail and respond with reasonable corrective action within a reasonable time. Compliant operators typically maintain records of all such notices, document the steps taken to address reported conditions, and are aware that a notice from a board of health or code enforcement agency carries the same legal weight as a direct tenant notice under this section. Attempting to disclaim this duty through lease language is not enforceable under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186 § 19 gives tenants—and others lawfully present on the premises—a right to pursue a tort action for damages if a landlord fails to correct an unsafe condition within a reasonable time after receiving proper written notice. To preserve rights under this section, tenants generally send notice of the unsafe condition by registered or certified mail and retain proof of that mailing; a report filed with a local board of health or code enforcement agency can also satisfy the notice requirement under this provision. Tenants who believe their rights under c. 186 § 19 have been violated may consider consulting a tenant-rights organization or legal aid office to understand the options available to them.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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