Legal Question in Real Estate Law in California

Re: plumbing and appliances

Although upon first reading your question I was sure you and your friends were right, and that your waiver of the habitability requirements was void as contrary to public policy, on doing some research I'm not so sure.

There is a law that says tenants can't sign away certain rights. See Civil Code section 1953. There is another that says to be tenantable, a dwelling unit must have working plumbing. See Civil Code sections 1941 and 1941.1. However, section 1941 says 'in the absence of an agreement to the contrary.' This seems to authorize leases where the tenants agree to accept substandard conditions.

I know of no requirement that a rental have cooking facilities. In my student days, I rented a room with no stove or refrigerator.

If the plumbing problems you describe existed as of the date you signed the lease, and were disclosed to you, I would say that your right to object now is quite doubtful.

Your best hope may lie in determining that the conditions also violate some local ordinance. I suggest you make some local inquiry, maybe at the building inspector's office. Keep in mind that you may lose your home if an inspector red-tags the property.

A better idea might be to negotiate some kind of cooperative deal on repairs with the landlord. A property owner is usually better off in the long run repairing conditions that cause flooding.

You have probably heard about 'repair and deduct,' but because you took the place 'as is,' your right to deduct repairs from rent is also doubtful.

Maybe some other LawGuru attorney can give you a more positive response based upon his or her specific experience with as-is leases.