Civil Code 1941.2 – Tenant’s Affirmative Responsibilities


Civil Code 1941.2 talks a lot about what a tenant’s responsibilities are with respect to rental property in California. This is a follow up to an earlier post I wrote about Civil Code 1941.2, which can be read here. While a lot of people like to discuss the landlord’s warranty of habitability, not enough discussion is made about the duty of the tenant to maintain a safe, clean, and sanitary environment outlined in Civil Code 1941.2.

Civil Code 1941.2, also known as CC 1941.2, says that the landlord has no duty to repair a dilapidation if the tenant is in substantial violation of maintaining the property of if the tenant contributed substantially to the bad condition of the property. For example, the tenant is obligation under Civil Code 1941.2 to keep the rental property clean and sanitary. The tenant is obligation to dispose of trash and properly use all electrical, gas, and plumbing fixtures. The tenant cannot allow any other person to destroy or damage any part of the rental unit. If the tenant is found to violate any of the above, then the landlord, per Civil Code 1941.2, has no duty to repair, and the tenant’s violation of CC 1941.2 can be used by the landlord to defend against warranty of habitability claims made by the tenant.

I also want to briefly point out Civil Code 1929, which sometimes goes hand-in-hand with Civil Code 1941.2. CC 1929 states, “the hirer of a thing must repair all deteriorations or injuries thereto occasioned by his want of ordinary care.” Put another way, this means the tenant must repair any items that are damaged due to the tenant’s wrongdoing.

Is your tenant in violation of Civil Code 1941.2? You may need to evict.

The Law Office of David Piotrowski can assist landlords with unlawful detainer eviction cases. We work hard to make your case proceed as quickly as possible.

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