Official Summary Text
AB 1183, as amended, Lowenthal.
Tenancy.
Residential tenancy: habitability: inspection and right to cure.
Existing law requires the lessor of a building intended for the occupation of human beings, in the absence of an agreement to the contrary, to put the building into a condition fit for that occupation and to repair all subsequent dilapidations thereof that render it untenantable, except as specified. Existing law describes the affirmative standard characteristics that, if lacking, make a dwelling untenantable. Existing law requires a city or county that receives a complaint from a tenant, resident, or occupant that a building contains lead hazards or is substandard to perform an inspection of the building or portion thereof intended for human occupancy, document any violations, advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation, and
schedule a reinspection to verify correction of the violations, as specified.
This bill would authorize the landlord of a dwelling unit to elect to have an inspection performed to verify that the dwelling unit satisfies the habitability requirements described above before it is made available for hire. Because the bill would require local agencies to provides additional services, it would impose a state-mandated local program. The bill would establish a presumption that, if the landlord has an inspection performed showing no violation of the habitability requirements, the dwelling unit meets that standard for an unspecified period of time. If a tenant makes the landlord aware of a dilapidation of the premises during that time, the bill would provide the landlord an unspecified period of time in which to cure or correct the dilapidation, during which period the landlord would not be deemed to be in violation of the habitability requirements described above. The bill
would authorize a local agency that performs an inspection at the request of a landlord to charge the landlord a fee sufficient to cover its cost in providing the inspection.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law excuses a landlord’s duty to repair a dilapidation if the tenant is in substantial violation of specified affirmative obligations, provided that the tenant’s violation contributes substantially to the existence of the dilapidation or interferes substantially with the landlord’s obligation to make the necessary repairs.
This bill would make nonsubstantive changes to the provisions described above regarding a landlord’s duty to repair
a dilapidation.