Renting a room in your home isn’t much different than leasing any residential unit as a landlord with respect to your legal rights and duties. Irrespective of whether the unit is a house, flat or a single room in your home under California law, a rental unit must satisfy the legal standard of habitability. A unit that is habitable is one that is acceptable for residential usage and substantially complies with all applicable health and building codes.

Habitability Law

In 1974, the California Supreme Court created in the event of Green vs. Superior Court a warranty of habitability is implied in all rental arrangements. Even an oral agreement to rent a space in your home is subject to this warranty that is implied. This usually means that you’re accountable for making sure the unit does not have to live there. A unit uninhabitable is made by any failure to follow the health or building codes under California law.

Conditions Affecting Habitability

Numerous conditions can make your room rental legally uninhabitable. For example, a state that creates a hazard, like lead paint or stairs that are insufficient and railings, makes the room rental uninhabitable. If your home and surrounding property isn’t clean and sanitary, such as being free of debris that will attract vermin and rodents, your own room rental isn’t habitable. The plumbing and electrical systems of your home have to be in good working order and supply light, wiring and equally hot and cold running water for residential usage. Habitability also needs that your home needs to be supplied with electrical or gas heating equipment, as well as attached to a satisfactorily functioning sewer system.

Premises Requirements

For your renter’s use, your home must offer a number of items For a space rental to satisfy with the quality of habitability. There has to be working bathing and toilet facilities in a room. Kitchen facilities have to be offered. Each room must have natural light through skylight or a window that can be opened for venting. Your home must be safe and secure with locks that are operable on all windows and main entrance doors. Your room rental won’t be consider lawfully habitable, if your home lacks some of the items.

Landlord Obligation to Repair

All the conditions and requirements that affect the habitability of your room rental create an ongoing duty on you throughout the tenancy to maintain your home, the room and surrounding premises in a habitable state. As landlord, you have a responsibility to fix any equipment or other part of the assumptions that may fail during the tenancy. If you neglect to fix a condition, your renter may have the right to withhold rent or make the fix at your own expense.

Tenant Obligations

California law requires a residential tenant to use reasonable care to maintain a rental unit, including all common areas inside and outside the premises. If any part of the premises is damaged on account of the conduct of your renter, the legislation require the renter to be accountable for any repairs. Including damage that may make the assumptions fall below the standards of habitability.

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