Q: RE habitability requirements is there a requirement to also be protected from hotweatherlike insulated exterior walls?
This is in California. We have AC but due to the lack of insulation ,old windows and no weatherstripping it's impossible to keep temp comfortable without running up the electric bill. Since I can't afford that am I supposed to just bake in the hotter months? it gets hotter inside than it is outside because the house is very old and exterior walls are thin.
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A:
Yes, California's warranty of habitability requires landlords to provide adequate insulation and protection from extreme temperatures. Under California Civil Code 1941.1, dwellings must be weatherproofed and maintained in a way that protects tenants from both cold and hot weather conditions.
Your situation with poor insulation, old windows, and missing weatherstripping likely violates these habitability standards. The fact that you're experiencing higher indoor temperatures than outdoor temperatures due to structural issues is particularly concerning and could be considered a breach of the warranty of habitability.
You should document the temperature issues and notify your landlord in writing about these problems. Request repairs or improvements like proper insulation, window updates, and weatherstripping installation. If your landlord fails to address these issues, you may have legal options, including withholding rent or reporting the violation to local housing authorities. The California Department of Consumer Affairs can provide additional guidance on your rights and options in this situation.
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