Cal. Civ. Code § 5:10-5.4
Unsafe and unsanitary conditions
Operative Text
(a) Occupants shall place all garbage within the receptacles provided for garbage disposal. Where janitorial service is not required, they shall place all containers with sufficient frequency to avoid an insanitary accumulation in the exterior area or areas set aside for the same. Garbage, rubbish and other refuse shall not be thrown out of windows or down dumbwaiters, nor shall garbage and refuse be set out on stairways or fire escapes or in common hallways. (b) Occupants of each unit of dwelling space shall be responsible to the extent of their own use and activities for keeping the interior thereof safe and sanitary. Occupants shall prevent any accumulation of garbage or waste matter which may become a source of infestation. (c) Every occupant shall maintain all plumbing fixtures used by him in a clean and sanitary condition, shall not deposit any material in any fixture or sewer system which would cause stoppage of or damage to properly maintained fixture or sewer systems and shall be responsible for the exercise of reasonable care in the proper use and operation of such fixtures. (d) Occupants shall not damage, remove or destroy screens needed for the building. (e) Every occupant of any unit of dwelling space shall be responsible for removing conditions resulting from the occupants own activities or which may result in infestation conditions which are subject to and under his exclusive control. (f) No occupant shall cause excessive grease, soot or other foreign matter to accumulate on side walls, ceilings or other exposed room surfaces by improper use of heating or cooking equipment. Cooking equipment shall be kept clean, free of garbage, food particles and grease.
N.J.A.C. § 5:10-5.4 establishes a set of sanitation and safety responsibilities that fall on the occupants of dwelling units rather than on landlords or building owners. The rule covers how garbage must be handled and stored, how plumbing fixtures must be maintained, how screens must be preserved, and how cooking and heating equipment must be kept clean. It also makes occupants responsible for preventing and removing conditions within their own unit or under their exclusive control that could lead to pest infestations. Improper disposal of refuse—such as throwing it from windows, leaving it on stairways, or allowing unsanitary accumulations—is explicitly prohibited.
Plain English — not legal advice.
Under N.J.A.C. § 5:10-5.4, compliant property operators generally ensure that adequate garbage receptacles are provided and that designated exterior disposal areas are clearly identified for occupants. Operators typically document the condition of plumbing fixtures, screens, and common areas at move-in and during routine inspections so that responsibility for damage or unsanitary conditions can be properly attributed. Because the regulation places day-to-day sanitation duties on occupants, operators often include lease provisions that mirror these requirements and communicate them clearly to residents at the start of tenancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.J.A.C. § 5:10-5.4 places specific sanitation and maintenance duties directly on occupants, meaning tenants can be held responsible for unsanitary conditions, pest-attracting accumulations, plumbing damage, or screen removal that stems from their own use of the unit. Tenants who believe a landlord has failed to provide required receptacles or has not maintained common areas may have grounds to raise that as a relevant factor in any code-enforcement proceeding. Tenant-rights organizations and New Jersey's local code enforcement offices can be useful resources for understanding how these occupant responsibilities interact with a landlord's parallel obligations under the state's housing maintenance code.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.