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CA Department of Consumer Affairs is the agency in charge of regulating the Tenant/Landlord relationships.   They also are the agency that develops the guidelines on on the conditions that could make your could be used to red-tag your San Jose rental property as unlivable.  

According to the information from Depart of Consumer Affairs, the term “habitable” implies  that the rental unit is fit for occupation by humane beings and that it’s substantially complies with the State and Local building and health codes that materially affect the tenants’ healthy and safety.  

The CA Department of Consumer Affairs also publishes guidelines on landlords responsibility for repairs to make sure the property does not violate the terms and the conditions outlined in the definition of the “habitable” rental unit.  

There are many defects and conditions that could get your rental property tagged as uninhabitable. If conditions outlined below are lacking or insufficient, your San Jose rental property could be red-tagged as legally uninhabitable:

1) No leaky Roof of Exterior Walls including broken windows and doors. 

2) Plumbing fixtures and facilities in good working order, including hot and cold running water, connected to a sewage disposal system.

 3) Gas connections and fittings are good working order.

  4) Heating ducks and facilities in good working order to heat the room to a comfortable temperature.

 5) All electric systems, including lighting, wiring, plugs, switches and equipment, in good working order.  

 6)  Clean and sanitary buildings, grounds, and appurtenances (for example, a garden or a detached garage), free from debris, filth, rubbish, garbage, rodents, and vermin.

 8) Adequate trash receptacles in good condition to allow your tenants to dispose of their trash properly. 

 9) Floors, stairways, and railings should be in good working condition to avoid creating any risk for injury.

Given the long list of repair conditions that the State of California requires it might be a smart idea to commit to regular inspections so you are not surprised when you receive code enforcement violation notices from the San Jose City governments.

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