Cal. Civ. Code § 66-28-304
Maintenance by landlord.
Operative Text
(a) The landlord shall: (1) Comply with requirements of applicable building and housing codes materially affecting health and safety; (2) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) Keep all common areas of the premises in a clean and safe condition; and (4) In multi-unit complexes of four (4) or more units, provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste from common points of collection subject to § 66-28-401(3). (b) If the duty imposed by subdivision (a)(1) is greater than any duty imposed by any other paragraph of subsection (a), the landlord's duty shall be determined by reference to subdivision (a)(1). (c) The landlord and tenant may agree in writing that the tenant perform specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord. (d) The landlord may not treat performance of the separate agreement described in subsection (c) as a condition to any obligation or performance of any rental agreement.
Tennessee Code § 66-28-304 establishes a set of baseline maintenance duties that landlords must fulfill for residential rental properties. These duties include complying with health and safety codes, keeping the premises fit and habitable, maintaining clean and safe common areas, and — in complexes of four or more units — providing adequate waste-removal receptacles. Where building or housing code requirements are stricter than the general habitability standard, the code requirements govern. Landlords and tenants may agree in writing to shift certain maintenance tasks to the tenant, but only if the agreement is made in good faith and not as a way to sidestep the landlord's core obligations.
Plain English — not legal advice.
Under § 66-28-304, compliant property operators routinely inspect and address building and housing code issues that affect health and safety, make timely repairs to keep units fit and habitable, and keep shared spaces clean and safe. Operators of complexes with four or more units also maintain adequate waste-collection receptacles in common areas. Any written agreement shifting specific maintenance tasks to a tenant must be entered into in good faith and cannot be used as a condition of the rental agreement or as a mechanism to avoid the landlord's statutory duties.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 66-28-304 gives Tennessee residential tenants the right to live in a property that meets health and safety codes, is kept in a fit and habitable condition, and has clean and safe common areas. If a landlord fails to meet these obligations, tenants may have grounds to raise the violation as a defense in eviction proceedings or pursue remedies available elsewhere in the Tennessee Uniform Residential Landlord and Tenant Act. Tenants who believe their landlord has used a written maintenance agreement to improperly shift core responsibilities should consider consulting a tenant-rights organization or legal aid provider familiar with § 66-28-304.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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