Cal. Civ. Code § 410.500
Owner's Responsibility to Maintain Building and Structural Elements
Operative Text
(A) Every owner of a residence shall maintain all buildings and structural elements in
compliance with accepted standards so they are in good repair and in every way fit for the
intended use, including:
(1) Protected from wind, rain and snow, and are watertight, free from excess moisture or
the appearance of mold, and pest resistant; and
(2) Free from holes, cracks, loose plaster, or defects that render the area difficult to keep
clean, create an injury risk, or provide an entry or harborage for pests.
(B) In the event of leaks and flooding, the owner shall ensure all surfaces have been dried
within 48 hours from the time they are notified or the end of the event, whichever is sooner.Under 105 Mass. Code Regs. 410.500, owners of residential properties are required to keep all buildings and structural elements in sound condition and fit for their intended use. This includes keeping structures weathertight, free from excess moisture or visible mold, and resistant to pests, as well as free from holes, cracks, or loose plaster that could pose injury risks or make surfaces hard to clean. When leaks or flooding occur, the rule requires that all affected surfaces be dried within 48 hours of the owner being notified or the event ending, whichever comes first.
Plain English — not legal advice.
Operators subject to 105 Mass. Code Regs. 410.500 generally conduct routine inspections to identify and repair structural defects, moisture intrusion, and pest entry points before they worsen. Compliant property managers maintain documentation of when they are notified of leaks or flooding and take prompt action to ensure all affected surfaces are dried within the 48-hour window the regulation establishes. Keeping records of repairs, contractor visits, and drying efforts helps demonstrate ongoing compliance with the structural maintenance standards set out in this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.500 of 105 Mass. Code Regs. establishes that tenants are entitled to live in a residence that is structurally sound, weathertight, free from mold and excess moisture, and clear of defects that could cause injury or harbor pests. If a landlord fails to meet these standards—including the 48-hour drying requirement after a leak or flood—tenants may have grounds to report the condition to their local board of health, which enforces the Massachusetts Sanitary Code. Tenant-rights organizations in Massachusetts can provide general information about available remedies, which may include housing court complaints or raising code violations as a defense in certain proceedings.
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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