Cal. Civ. Code § 5:10-5.1
Responsibility of occupants
Operative Text
(a) An occupant shall in addition to complying with all provisions of this chapter applicable to him, be responsible for violations of this chapter to the extent that he has the power to prevent the occurrence of a violation or assist in abating the violation. An occupant has the power to prevent the occurrence of a violation if: 1. It is caused by his own willful act or the willful act of a member of his family or household, or of his guest; or 2. It is the result of his gross negligence, neglect or abuse, or the gross negligence, neglect or abuse of a member of his family or household, or his guest. (b) The occupant, any member of his family or household, or his guest shall, with respect to the public parts of the premises, be liable if a violation is caused by his own willful act, gross negligence, neglect or abuse. (c) Every occupant of each unit of dwelling space shall give the owner thereof or his agent or employees access to any part of the unit of dwelling space upon reasonable notification, which under ordinary circumstances shall be one day for multiple dwellings, except immediately for hotels, for the purpose of making such inspection and such repairs or alterations as are necessary to effect compliance with the law and this chapter. In case of safety or structural emergencies immediate access shall be given. (d) All items stored by occupants in any area provided for common storage by occupants of more than one unit of dwelling space shall bear the name and dwelling unit number of the occupant storing the said item or items. It shall be the responsibility of the occupant to label each item and maintain it labeled. Materials stored in such areas shall be secured against becoming sources of infestation and shall not be placed so as to create a hazard.
N.J.A.C. § 5:10-5.1 establishes that tenants and other occupants share responsibility for housing code compliance when violations stem from their own willful acts, gross negligence, neglect, or abuse—or from the same conduct by household members or guests. Occupants are also required to provide owners reasonable access (generally one day's notice for multi-family buildings, immediate access for emergencies) to carry out inspections and repairs. Additionally, items stored in shared storage areas must be labeled with the occupant's name and unit number, kept secured against pest infestation, and positioned so they do not create hazards.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-5.1, compliant property operators document access requests with appropriate notice—typically one day for multiple dwellings—and maintain records showing that inspections and repairs were conducted in accordance with the chapter. Owners generally communicate the shared-storage labeling and safety requirements to occupants at move-in and through periodic notices, so that common storage areas remain free of infestation risks and hazards. When a violation is traceable to an occupant's willful act or gross negligence, operators familiar with this provision understand that responsibility may be attributed to the occupant rather than solely to the owner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-5.1 makes clear that tenants retain rights alongside responsibilities: while occupants can be held accountable for violations they or their guests cause through willful conduct or gross negligence, owners must still provide reasonable notice before entering a unit (ordinarily one day for multi-family buildings). Tenants who believe an owner has entered without proper notice, or who face a violation charge they believe is improperly attributed to them, may raise this provision as relevant context when contacting the New Jersey Department of Community Affairs or a local housing enforcement office. Tenant-rights organizations can help occupants understand how the shared-responsibility framework under this section applies to their circumstances.
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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