The implied warranty of habitability is in every residential lease agreement and imposes an affirmative duty on the landlord to provide housing that is habitable for human use.  This means that the landlord must comply with the state, local building, and health codes that materially affect the tenants’ health and safety.  This is in every residential lease and cannot be waived by the tenant.

A landlord, property manager or building owner can be held liable for conditions such as mold, infestation of rats, cockroaches or other insects, lack of heating, water intrusions, roof leaks, electrical and plumbing issues, and general disrepair.  California Civil Code § 1941.1 clearly provides the minimum requirements for a habitable rental unit.

To prove a claim for breach of warranty of habitability, a tenant must show: (1) an uninhabitable condition; (2) actual knowledge by landlord or constructive knowledge; and (3) damages. Stoiber v. Honeychuck, 101 Cal. App. 3d 903, 918-19 (1980). Constructive knowledge means that a landlord should have known or could have known about the issue with reasonable inspection.

Damages for breach of warranty of habitability include return of rent paid and attorney fees. The statute of limitations for breach of warranty of habitability is two years for an oral lease and four years for a written lease. Cal. Code Civ. Proc. §§ 339 and 337.