Breach of the warranty of habitability in California is the topic of this article. This is one of the most powerful affirmative defenses that a California tenant can assert to an unlawful detainer (eviction) complaint. This is due to the fact that a substantial breach of the warranty of habitability by a landlord in California can result in the tenant prevailing in Court if the eviction case goes to trial, and the landlord may be ordered to pay the attorney fees and Court costs of the prevailing tenant pursuant to Code of Civil Procedure § 1174.2(a).

1. Breach of the Warranty
of Habitability in
California
This article discusses a breach
of the warranty of habitability
by a landlord in California
Breach of the warranty of habitability in California is the topic of this article. This is one of the
most powerful affirmative defenses that a California tenant can assert to an unlawful detainer
(eviction) complaint. This is due to the fact that a substantial breach of the warranty of
habitability by a landlord in California can result in the tenant prevailing in Court if the eviction
case goes to trial, and the landlord may be ordered to pay the attorney fees and Court costs of the
prevailing tenant pursuant to Code of Civil Procedure § 1174.2(a).
The term habitability refers to a number of standard conditions relating to plumbing, heating,
electricity, and other aspects of residential living, most of which listed in Civil Code §1941.1(a),
including:
Effective waterproofing and weather protection of roof and exterior walls, including unbroken
windows and doors.
Plumbing or gas facilities that conform to applicable law in effect at the time of installation, and
maintained in good order.
A water supply approved under applicable law capable of producing hot and cold running water,
furnished through appropriate fixtures, and connected to an approved sewage system.
Heating facilities conforming to applicable law at the time of installation and maintained in good
order.

2. Electrical lighting, with wiring and electrical equipment conforming with applicable law at the
time of installation and maintained in good working order.
Premises clean at the time of commencement of the rental agreement, free from debris, filth,
rubbish, garbage, rodents, and vermin, with lessor-controlled areas kept free from debris, filth,
rubbish, garbage, rodents, and vermin.
Adequate garbage and rubbish receptacles.
Floors, stairways, and railings maintained in good repair.
Note that if the conduct of a tenant has substantially contributed to the habitability issues, or if
the tenant interferes substantially with any necessary repairs by the landlord, the landlord may
not be liable pursuant to Civil Code §1941.2.
Attorneys or parties in California who would like to view a portion of a sample answer to a
California eviction complaint that includes 15 affirmative defenses, including the defense of
breach of the warranty of habitability that is sold by the author can use the link shown below.
http://www.scribd.com/doc/46578589/Sample-Answer-to-Unlawful-Detainer-Eviction-
Complaint-for-California
The author of this article, Stan Burman, is an entrepreneur and freelance paralegal who has
worked in California litigation and Federal since 1995 and has created over 225 sample legal
documents as the creator of LegalDocsPro. Visit his website at http://www.legaldocspro.com
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© 2013 Stan Burman. All rights reserved.
DISCLAIMER:
Please note that the author of this article, Stan Burman is NOT an attorney and as such is unable
to provide any specific legal advice. The author is NOT engaged in providing any legal,
financial, or other professional services, and any information contained in this article is NOT
intended to constitute legal advice.
These materials and information contained in this article have been prepared by Stan Burman for
informational purposes only and are not legal advice. Transmission of the information contained
in this article is not intended to create, and receipt does not constitute, any business relationship
between the sender and receiver. Readers should not act upon this information without seeking
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