Cal. Civ. Code § 5:10-4.1
Concurrent responsibilities
Operative Text
(a) Owners, including agents of owners, managing agents and superintendents shall have the general duties outlined herein for the maintenance of the premises, and no such person shall be relieved from any such responsibility hereunder by reason of the fact that an occupant or other person shall have similar responsibilities or shall have failed to report any violation, nor shall any such person be relieved of any responsibility by the terms or provisions of any lease, contract or agreement. (b) Occupants, and to the extent provided herein, members of their families, or other persons living on the premises shall have the general duties outlined herein for occupants for the maintenance of the premises, and no such person shall be relieved from any such responsibility by reason of the fact that any owner or operator shall have similar responsibilities, nor shall any person be relieved of any responsibility by the terms or provisions of any contract, lease or agreement. (c) In any premises subject to either the Horizontal Property Act (N.J.S.A. 46:8A-1 et seq.) or the Condominium Act (N.J.S.A. 46:8B-1 et seq.), the council of co-owners or condominium association, as the case may be, shall have the duties of an owner as set forth in these regulations. However, any such council or association shall only be required to abate those violations which pertain either to the common areas or common elements or which it has the right, pursuant to contract or otherwise, to require the owner of the individual dwelling unit to abate. Owners of individual dwelling units shall be responsible for the abatement of violations and for the maintenance of records pertaining only to each such unit; provided, however, that the responsibilities of the dwelling unit owner and of the council or association may be concurrent. 1. It shall be the duty of the council of co-owners or association, as the case may be, to forward a notice for payment of the $ 20.00 inspection fee set forth at N.J.A.C. 5:10-1.12(h)4 to the unit owner and to identify those tenant-occupied units known to the association prior to the five-year cyclical inspection.
N.J.A.C. § 5:10-4.1 establishes that maintenance responsibilities for rental premises are shared and cannot be waived. Owners, managing agents, and superintendents retain their maintenance duties regardless of whether occupants share those same duties or fail to report violations, and no lease or contract can strip away those obligations. Occupants similarly hold their own maintenance responsibilities, which exist independently of whatever duties the owner carries. In condominium and co-ownership settings, the association or council of co-owners steps into the role of 'owner' for common areas, while individual unit owners remain responsible for their own units, and both sets of duties can run concurrently.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-4.1, compliant property owners and managing agents maintain the premises according to the code's standards regardless of what any lease clause says or whether a tenant has reported a problem. Operators of condominium or co-ownership properties should be aware that the association or council of co-owners carries owner-level duties for common areas, while individual unit owners remain accountable for conditions within their own units. Associations subject to the five-year cyclical inspection program are also responsible for forwarding the $20.00 inspection fee notice to unit owners and identifying tenant-occupied units to inspectors in advance of that inspection.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-4.1 makes clear that a tenant's own maintenance duties do not reduce or eliminate the owner's independent obligation to keep the premises in proper condition. A lease provision purporting to shift the owner's responsibilities onto the tenant does not relieve the owner of those duties under this regulation. Tenants who believe maintenance obligations are being ignored may document conditions, contact New Jersey's Bureau of Housing Inspection, or reach out to a local tenant-rights organization to understand available complaint and enforcement pathways.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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