Cal. Civ. Code § 410.240
Occupant's Installation and Maintenance Responsibilities
Operative Text
(A) The occupant shall ensure proper installation in compliance with accepted standards and
shall maintain free from leaks, obstructions and other defects, all occupant owned and installed
equipment including, but not limited to:
(1) Dishwashers;
(2) Clothes washing machines and dryers;
(3) Garbage grinders;
(4) Air conditioners;
(5) Microwave ovens;
(6) Range ventilation hoods;
(7) Electrical light fixtures;
(8) Conventional cooktop and oven, if required to provide under written rental agreement;
and
(9) Refrigerator with freezer, if required to provide under written rental agreement.
(B) Every occupant of a dwelling or rooming unit shall keep all facilities and appliances for
which they have exclusive access in a sanitary condition and exercise reasonable care in their
proper use and operation. Facilities and appliances include, but are not limited to:
(1) Sinks;
(2) Bathtubs and/or showers;
(3) Toilets;
(4) Conventional cooktop and oven;
(5) Smoke detectors and carbon monoxide alarms;
(6) Refrigerator with freezer;
(7) Dishwashers;
(8) Microwave Ovens;
(9) Range ventilation hoods;
(10) Garbage grinders; and
(11) Air conditioners.Under 105 Mass. Code Regs. § 410.240, tenants who own and install their own appliances — such as dishwashers, air conditioners, or clothes washers and dryers — are responsible for ensuring those items are properly installed and kept free from leaks, obstructions, and defects. Separately, all occupants must keep facilities and appliances to which they have exclusive access, including sinks, toilets, smoke detectors, and carbon monoxide alarms, in a sanitary condition and use them with reasonable care. When a written rental agreement requires the tenant to supply a stove or refrigerator, those items also fall under the tenant's installation and maintenance obligations.
Plain English — not legal advice.
Property owners and managers should be aware that 105 Mass. Code Regs. § 410.240 places certain maintenance duties directly on occupants rather than on the landlord, specifically for tenant-owned and tenant-installed equipment. Compliant operators typically document in the written rental agreement which appliances — such as a conventional cooktop or refrigerator — the tenant is responsible for providing, so that the allocation of maintenance duties is clear from the outset. Keeping records of move-in conditions and any appliance-related provisions in the lease can help establish the scope of each party's responsibilities under this regulation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 105 Mass. Code Regs. § 410.240 makes clear that tenants bear responsibility for properly installing and maintaining appliances they own and bring into the unit, as well as for keeping all exclusively accessed facilities — including smoke detectors and carbon monoxide alarms — clean and in good working order through reasonable use. If a dispute arises about whether a condition was caused by a tenant's failure to maintain or by a landlord's underlying obligation, tenants may find it useful to review their written rental agreement and document the appliance's condition and installation history. Tenant-rights organizations in Massachusetts can help occupants understand how this provision interacts with a landlord's separate duties under the state sanitary code.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 30, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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