The Department of Consumer Affairs defines a habitable rental unit as a rental unit that substantially complies with building and safety code standards that materially affect tenants' health and safety. The landlord is required to make any and all repairs in order to make the unit habitable because all leases and rental agreements contain an implied warranty of habitability
Here are examples of some requirements for habitability that any rental unit must have:
Although the landlord is responsible for the repairs under the implied warranty of habitability, the tenant will most likely be the one pointing out that repairs need to be made. It would be wise for a tenant to make requests for repairs both verbally and in writing, providing specific details about what needs repair.
It is recommended you consult with a real estate attorney about your landlord-tenant concerns and inquiries. For more information, please contact Richardson “Red” Griswold of Griswold Law at rgriswold@griswoldlawsandiego.com.