Legal Question in Real Estate Law in California

Re: Break an apartment lease

I don't see how the failure to replace the screens could possibly be grounds for breaking a lease or getting rent rebate. Under California law, the unit must be fit for human living. That typically includes:

-Effective waterproofing and weather protection

of roof and exterior walls, including unbroken

windows and doors.

-Plumbing facilities in good working order,

including hot and cold running water,

connected to a sewage disposal system.

-Gas facilities in good working order.

-Heating facilities in good working order.

-An electric system, including lighting, wiring,

and equipment, in good working order.

-Clean and sanitary buildings, grounds, and

appurtenances (for example, a garden or

a detached garage), free from debris, filth,

rubbish, garbage, rodents, and vermin.

-Adequate trash receptacles in good repair.

-Floors, stairways, and railings in good repair.

In addition to these requirements, each rental

unit must have all of the following:

-A working toilet, wash basin, and bathtub or

shower. The toilet and bathtub or shower must

be in a room which is ventilated and allows

privacy.

-A kitchen with a sink that cannot be made of

an absorbent material such as wood.

-Natural lighting in every room through windows

or skylights. Windows in each room must be

able to open at least halfway for ventilation,

unless a fan provides mechanical ventilation.

-Safe fire or emergency exits leading to a street

or hallway. Stairs, hallways, and exits must be kept litter-free. Storage areas, garages, and

basements must be kept free of combustible

materials.

-Operable deadbolt locks on the main entry

doors of rental units, and operable locking or

security devices on windows.128

-Working smoke detectors in all units of

multi-unit buildings, such as duplexes and

apartment complexes. Apartment complexes

also must have smoke detectors in common

stairwells.

-Ground fault circuit interrupters for swimming

pools and antisuction protections for wading

pools in apartment complexes and other

residential settings (but not single family

residences).

In my opinion, missing screens do not impact habitability.