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LANDLORDS & TENANTS: RESIDENTIAL HOTELS MUST HAVE LOCKING MAILBOXES
Civil Code Section 1941.1, Health & Safety Code 17958.3
Effective July 1, 2008
Existing law requires that rental residential property be fit for occupancy. This law is known as the “Warranty of Habitability,” and it gives tenants certain rights if their rental units aren’t fit for occupancy. A rental property is not fit for tenancy if it lacks any of the following facilities that are up to code and in good working order:
- Waterproofing and weather protection
- Plumbing or gas facilities
- A water supply capable of producing hot and cold running water and an approved sewage disposal system
- Heating facilities
- Electrical lighting and wiring
- Building and grounds kept clean, sanitary, and free from debris, filth, rubbish, garbage, rodents, and vermin
- An adequate number of appropriate receptacles for garbage and rubbish
- Floors, stairways, and railings maintained in good repair
If a property owner breaches the warranty of habitability, a tenant may make repairs and deduct the costs from the rent. In addition, if a local code agency has cited the property as uninhabitable and repairs are not made in a timely manner, the owner may not collect rent or issue a three-day notice of non-payment of rent. This also subjects landlord to a presumption of breach of contract in an eviction action.
This new law adds to the warranty of habitability a requirement that all residential hotels provide, by July 1, 2008, a locking mailbox for each unit. This law also requires that the mailbox meet the accessibility requirements of the Fair Housing Act and allows a city or county to enact ordinances that provide greater protections, additional standards, and increased remedies.
For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452
web site: dca.lacounty.gov