photographs were taken. The photographs will serve as evidence as to the condition of the
property upon original occupancy in the event a dispute arises.
W
ARRANTY OF HABITABILITY
By statute, there are certain minimum standards that must be met for a residence to be suitable
for human habitation. Civil Code Section 1941.1(a)-(h) sets forth what must not “substantially
lack” from a residential unit, including:
• Plumbing in good working order.
• Hot and cold running water.
• Heating facilities (although not air conditioning) in good working order.
• Floors, stairways, and railings maintained in good repair.
A tenant living in a residence that falls beneath the minimum standards of habitability may have
the option of moving out early and/or receiving a reduction in the rental amount for the time
during which the unit was below standards. Tenants who believe that their residence is
uninhabitable should seek legal counsel to gain a fuller perspective of their rights and
responsibilities.
R
EPAIRS AND MITIGATION
If a tenant finds that a rental property requires repair, he or she has a duty to promptly report the
issue to the landlord. If the tenant fails to report negative conditions about the property, the
tenant can be held liable for any increased damage to the property that results from not reporting
the problem. This is called “mitigating the harm.”
The duty to mitigate means that even if tenants do not want an item repaired, they still have a
responsibility to report damage, so that the landlord has the opportunity to attempt a repair.
Example:
Roommates Chris and Jo discover that the bathroom of the apartment they are renting has water
leaking from a sink faucet. Chris and Jo decide not to call the landlord to repair the leak because
they are busy studying for midterms and writing papers; they do not want to be disturbed by
maintenance workers making repairs in their bathroom. The leak continues to worsen over time.
Approximately three weeks after Chris and Jo discover the leak, what was a small trickle of
water has become a steady stream. The water has caused mold to develop below the carpet and
on the walls, and has damaged the paint.
Result
Because the water leak became worse and likely caused increased damage to the property as a
result of Chris and Jo not initially reporting the problem, Chris and Jo may be held liable for the
cost of remediating the mold infestation, repainting the walls, and repairing any other water
damage. Had the landlord been able to repair the small leak three weeks prior, the major damage
to the unit would not likely have occurred.
Tenants always should seek to mitigate harm
because they have a duty to safeguard the
landlord’s property while residing there. Failure to do so can be costly.