Cal. Civ. Code § 410.570
Maintenance of Areas in a Sanitary and Safe Condition
Operative Text
(A) Land. The owner of any parcel of land, vacant or otherwise, shall be responsible for
maintaining such parcel of land in a clean, safe, and sanitary condition and free from:
(1) Refuse;
(2) Pests;
(3) Potential injury hazards;
(4) Conditions contributing to the accumulation of standing water; or
(5) Any other condition which affects the health, safety, or well-being of the occupants of
any residence or of the general public.
(B) Residences. The occupants of any residence shall be responsible for maintaining, in a
sanitary condition and free of refuse or other filth or causes of sickness, that part of the residence
which they exclusively occupy or control.
(C) Common Areas.
(1) In any residence, the owner shall be responsible for maintaining in a clean, sanitary, and
safe condition free of refuse or other filth or causes of sickness, that part of the residence
which is used in common by all the occupants of a residence and which is not occupied or
controlled by one occupant exclusively.
(2) For common stairways, the occupants shall be responsible for maintaining the landing,
porch, or deck adjacent to their dwelling unit in a sanitary condition, free of obstructions,
refuse, filth, causes of sickness, or potential injury hazard.
(D) Private Passage or Right of Way. The owner of any residence abutting a private
passageway or right-of-way owned or used in common with other residence(s) which the owner
or the occupants have the right to use, or are in fact using, shall be responsible for maintaining
the portion of the property they are using in a sanitary condition free of refuse, other filth or
causes of sickness.Under 105 Mass. Code Regs. § 410.570, responsibility for cleanliness and safety is divided among landowners, occupants, and property owners based on who controls a given area. Landowners must keep their parcels free of refuse, pests, hazards, standing water, and any condition threatening public health or safety. Occupants are responsible for the portions of a residence they exclusively control, while owners bear responsibility for shared common areas — though occupants must keep landings, porches, and decks adjacent to their units clear and sanitary. Owners of residences that abut shared private passageways must also maintain the portions of those passageways they use.
Plain English — not legal advice.
Under 105 Mass. Code Regs. § 410.570, compliant property owners generally keep all land parcels they own free of refuse, pests, injury hazards, and standing water conditions. They maintain common areas — hallways, shared stairways, and similar spaces not exclusively controlled by any one occupant — in a clean, sanitary, and safe condition. Owners whose properties abut shared private passageways or rights-of-way also attend to the sanitary upkeep of the portions of those passageways that their property uses, and they document their maintenance practices to demonstrate ongoing compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 410.570 of 105 Mass. Code Regs. makes clear that tenants have both rights and responsibilities: occupants are responsible for keeping the areas they exclusively control clean and free of refuse or filth, while the owner bears responsibility for common areas and the land itself. If a common area, shared passageway, or the land around a building is being kept in an unsafe or unsanitary condition by the owner, tenants may have grounds to raise a violation under this provision. Tenants can report concerns to their local board of health, which enforces the Massachusetts Sanitary Code, or consult a tenant-rights organization to understand the range of options available to them.
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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