AB 1183: Residential tenancy: habitability: inspection and right to cure.
This bill would add a new section to the civil code relating to tenancy. It would allow landlords to have an inspection performed to verify that their dwelling units meet habitability standards before they are made available for hire. If the inspection shows no violations, the dwelling unit would be presumed to meet those standards for a certain period of time. During this time, landlords would have a certain period to cure or correct any dilapidations, during which they would not be deemed in violation of the habitability standards. Local agencies would be authorized to charge landlords a fee for performing the inspection. The state would not be required to reimburse local agencies for the cost of providing this service.
| Feb. 02, 2026 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan. 31, 2026 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Apr. 23, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr. 01, 2025 | Re-referred to Com. on JUD. |
| Mar. 28, 2025 | Referred to Com. on JUD. |
| Amended IN Assembly March 28, 2025 |
| Introduced by Assembly Member Lowenthal |
February 21, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
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.
The people of the State of California do enact as follows:
SECTION 1.
Section 1941.8 is added to the Civil Code, to read:1941.8.
(a) The landlord of a dwelling unit may elect to have an inspection performed, consistent with Section 17970.5 of the Health and Safety Code, to verify that the dwelling unit intended for occupation by human beings satisfies the requirements described in Section 1941 and 1941.1 before it is made available for hire.SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.(a) No duty on the part of the landlord to repair a dilapidation shall arise pursuant to Section 1941 or 1942 if the tenant is in substantial violation of any of the following affirmative obligations, provided that the tenant’s violation contributes substantially to the existence of the dilapidation or interferes substantially with the landlord’s obligation pursuant to Section 1941 to make the necessary repairs:
(1)To keep that part of the premises that they occupy and use clean and sanitary as the condition of the premises permits.
(2)To dispose from their dwelling unit of all rubbish, garbage and other waste, in a clean and sanitary manner.
(3)To properly use and operate all electrical, gas, and plumbing fixtures and keep them as clean and sanitary as their condition permits.
(4)Not to permit any person on the premises, with their permission, to willfully or wantonly destroy, deface, damage, impair or remove any part of the structure or dwelling unit or the facilities, equipment, or appurtenances thereto, nor themselves do any such thing.
(5)To occupy the premises as their abode, utilizing portions thereof for living, sleeping, cooking or dining purposes that were respectively designed or intended to be used for those occupancies.
(b)Paragraphs (1) and (2) of subdivision (a) shall not apply if the landlord has expressly agreed in writing to perform the act or acts mentioned therein.