Property Management and Investor Information: What are habitability requirements?

What are habitability requirements?

They are requirements that all owners of residential rental property must adhere to. They are enforceable by the local city or county building department. Failure to maintain your property to these standards may subject you to fines, lawsuits, or the shutting down of your rental.

 

In California habitability requirements are spelled out: 

Here is the law: Civil Code §1941.1

A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics: (a) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors. (b) Plumbing or gas facilities which conformed to applicable law in effect at the time of installation, maintained in good working order. (c) A water supply approved under applicable law, which is under the control of the tenant, capable of producing hot and cold running water, or a system which is under the control of the landlord, which produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law. (d) Heating facilities which conformed with applicable law at the time of installation, maintained in good working order. (e) Electrical lighting, with wiring and electrical equipment which conformed with applicable law at the time of installation, maintained in good working order. (f) Building, grounds and appurtenances at the time of the commencement of the lease or rental agreement in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. (g) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter, and being responsible for the clean condition and good repair of such receptacles under his control. (h) Floors, stairways, and railings maintained in good repair.

If your residential rental property is located in the greater Sacramento Region,  from Lincoln to Galt, Cameron Park to Davis, give us a call and we can help make your rental habitable.

 

www.HomePointe.com

Robert A. Machado, CPM, MPM

HomePointe Property Management

Sacramento, Yolo, El Dorado, and Place Counties

We manage residential and commercial property.

916-429-1205 x 105

rmachado@HomePointe.com

Comments

The term I am familiar with is "certificate of occupancy". I am in Hawaii now and I have not witnessed anything of the sort here, but in NJ whare I come from the township would come in and inspect before you could rent out a property of any sort.

Posted by Patrick Lambert ( Hawaii Real Estate Expert ) (Century 21 All Islands) about 1 year ago
Patrick,  Some jurisdictions have that program and some do not.  If you live in an area that does not, it is probably coming.
Posted by Robert Machado, CPM MPM Sacramento Area Property Manager and Property Management (HomePointe Property Management, CRMC) about 1 year ago
They are considering doing semi-annual inspections of rental properties in Ventura to enforce just those types of issues.
Posted by Joe Virnig, "No Ordinary Joe" (RE/MAX Gold Coast REALTORS, Ventura County, California) about 1 year ago
Sacramento, CA has passed a housing ordinance that takes effect in September 2008.  Each rental unit will be billed $28.00 per year and all rentals will be inspected over time on a regular basis.
Posted by Robert Machado, CPM MPM Sacramento Area Property Manager and Property Management (HomePointe Property Management, CRMC) about 1 year ago

Virginia is CAMELOT - what I put in the lease is what the tenant and owner are responsible for and given the fact that some homes here are almost 300 years old * OLDER is good.

I've had tenants threaten me because they had bugs and my response is that they are YOUR BUGS!! not mine!

Building inspectors are way too busy with new construction to deal with tenant complaints.  Unless there is a problem with a well or septic system, they won't deal with it.

 

Posted by Wallace S. Gibson CPM * GRI (Gibson Management Group, Ltd.) about 1 year ago

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