Section 1941.2 “Tenant’s Duty of Habitability”

A landlord may not be responsible for repairing damages or dilapidation if the tenant is in substantial violations of his/her affirmative obligation under the law. The tenant, in good faith, shall:

• Properly operate all electrical, gas and plumbing fixtures, and keep them clean and sanitary.

• Not “willfully or wantonly destroy, deface, damage or impair any part of the structure or dwelling unit or the facilities, equipment or appurtenances thereto,” nor permit any other person to do this.

• Only use parts of the dwelling “for living, sleeping, cooking or dining…which are respectively designed or intended to be used for such occupancies.”

• Dispose of “all rubbish, garbage and other waste, in a clean and sanitary manner.”

• Keep that part of the premises which she occupies clean and sanitary “as the condition of the premises permits.”