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What law requires habitable living conditions that require clean water and no bad sewage smells coming from the bathroom at an apartment?

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What law requires habitable living conditions that require clean water and no bad sewage smells coming from the bathroom at an apartment?

The landlord's implied warranty of habitability is mentioned in sections 1942.3(b), 1954.06(i) of the California Civil Code. It can be adduced also from other sections such as 1942.4(a)(1) regarding the "endanger[ment of] the life, limb, health, property, safety, or welfare of the public or the occupants of the dwelling".

Additionally, see Green v. Superior Court, 10 Cal.3d 616, 627, 637 (1974):

[P]ublic policy compels landlords to bear the primary responsibility for maintaining safe, clean and habitable housing in our state [...] This implied warranty of habitability [...] does mean that "bare living requirements" must be maintained.

Grabowiec v. Schopmeyer, CoA (unpublished, March 2014), cites precedents in the sense that "the leaking of sewage from the bathroom plumbing, [...] lack of proper plumbing connection to sewage system in bathroom [has] supported a breach of implied warrant of habitability claim" (brackets added).

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  • I’m still wondering if there is anything in the Water Code that would provide for an actionable right for an individual or an implied warranty or guarantee therefor.
    – kisspuska
    Jul 13 at 15:48

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