Is it necessary to repair floors before renting a house in California?

Full question:

I need to do get new floor tiles for all the rooms. My friend suggests me to first do the flooring work and then rent the house, because if the floors are not in good condition, the house may be regarded as untenantable under California law. Is that true?

  • Category: Landlord Tenant
  • Subcategory: Repairs
  • Date:
  • State: California

Answer:

Yes, in California, a house can be considered untenantable if the floors, stairways, and railings are not in good repair. It is advisable to complete any necessary flooring work before renting the house.

The relevant law is found in California Civil Code § 1941.1, which states that a dwelling is untenantable if it lacks essential characteristics, including:

  • Effective waterproofing and weather protection of the roof and exterior walls.
  • Plumbing or gas facilities that comply with applicable laws and are in good working order.
  • A water supply that provides hot and cold running water.
  • Heating facilities that meet legal standards and are well-maintained.
  • Electrical lighting and wiring that conform to legal standards.
  • Clean and sanitary building grounds, free from debris and vermin.
  • Appropriate garbage receptacles in good condition.
  • Floors, stairways, and railings maintained in good repair.

Ensuring these conditions are met helps avoid issues with tenantability under the law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In California, tenants are generally not responsible for flooring maintenance unless specified in the lease agreement. Landlords are typically responsible for ensuring that the property, including floors, is in good repair and meets habitability standards. If flooring issues arise during a tenancy, tenants should notify their landlord for repairs. However, if damage is caused by tenant negligence, the tenant may be held responsible for repairs.