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If a property becomes uninhabitable during your tenancy, we will coordinate with you to vacate the unit and you will be credited the rent as of the day that the property became uninhabitable.
The Property Owner is not required to pay for relocation or housing expenses, but must credit the rent back to you for the days of the month that the unit is uninhabitable (unless it became uninhabitable because of your actions or inactions). Read below for more information regarding your responsibilities.
A tenant also must repair all damage that he or she causes, or that is caused by the tenants' guests, children or pets. California Civil Code section 1941.2 requires the tenant to do all of the following:
a) Keep the premises "as clean and sanitary as the condition of the premises permits."
b) Use and operate gas, electrical and plumbing fixtures properly. (Examples of improper use include overloading electrical outlets, flushing large, foreign objects down the toilet, and allowing any gas, electrical or plumbing fixture to become filthy.)
c) Dispose of trash and garbage in a clean and sanitary manner.
d) Not destroy, damage, or deface the premises, or allow anyone else to do so.
e) Not remove any part of the structure, dwelling unit, facilities, equipment or appurtenances, or allow anyone else to do so.
f) Use the premises as a place to live, and use the rooms for their proper purposes. For example, the bedroom must be used as a bedroom and not as a kitchen.
g) Notify the landlord when deadbolt locks and window locks or security devices do not operate properly.
If the tenant does not perform these duties and causes the property to become uninhabitable, the tenant cannot require the landlord to repair the property to make it habitable.
Similarly, the tenant cannot require the landlord to repair the property if the tenant substantially interferes with the landlord's ability to repair defects (for example, by not allowing the landlord's electrician to enter the apartment to fix faulty wiring).
In addition, the landlord is not obligated to repair damage caused by the tenant's own carelessness (for example, a toilet that will not flush because the tenant's child flushed a sock down it).
This Legal Guide is only a summary of landlords' and tenants' rights and responsibilities in this area. For more complete information, including, a discussion of tenants' remedies, please consult California Tenants – A Guide to Residential Tenants' and Landlords' Rights and Responsibilities.
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