The warranty of habitability is a legal requirement that a landlord keep a residential rental property safe and fit to live in. It covers basic living conditions, such as working plumbing, heat, electricity, and protection from the weather. It does not require a home to be perfect or free of minor cosmetic problems.

It is called an implied warranty because the law makes it part of the rental agreement even when the agreement does not mention it.

In California Family Law

This is primarily a rental housing rule, but unsafe housing can also raise concerns in a child custody case. Under Family Code section 3011, the court must consider the child’s health, safety, and welfare.

For example, exposed electrical wiring in a parent’s apartment may raise a concern about the child’s safety during visits. The relevant issue is the actual risk to the child and how it is addressed. A small or modestly furnished home is not the same as an unsafe home. The landlord’s duty to make repairs and the court’s custody decision are separate questions.