Since the technology’s introduction in the 1940s, this device is now widely adopted around the world. Its ubiquity amongst the populace today may render its use routine to the point that it is now outright unremarkable. However, for some California tenants, this device has gone from a mere afterthought in industrialized nations to a unrelenting intellectual shock due to surfeiting landlords. Where this occurs, California tenants are surely deprived of their quiet enjoyment. But what is the law when the tenant simply wants to keep a microwave in their bedroom for personal use in the face of landlord objection? Is the California tenant justified in refusing to remove their microwave from their bedroom? This article provides a concise overview of microwaves in the context of the California landlord-tenant relationship.

May Landlords Ban California Tenants From Keeping Microwaves in Their Bedrooms?

No, landlords generally may not ban California tenants from keeping microwaves in their bedrooms by law. That means, under most circumstances, California tenants should be able to keep and use their microwaves, even in their bedrooms. However, under certain circumstances, California tenants may not be able to keep microwaves in their bedrooms.

When Can Landlords Prohibit California Tenants From Keeping Microwaves in Their Bedrooms?

The clearest example of when landlords may prohibit California tenants from keeping microwaves in their bedrooms is when both execute a written lease agreement explicitly prohibiting the placement and usage of microwaves in the bedroom. Where the California tenant has not executed a written lease at all or their written lease does not prohibit the activity, they may keep and use a microwave in their bedroom.

Can Landlords Prohibit California Tenants From Using Microwaves in Their Bedrooms Where the Property Has A Dilapidated & Substandard Electrical System?

Maybe. Generally, the landlord may limit use of appliances, like the microwave, where such use may be hazardous to property or person. However, where the property’s electrical system is dilapidated and substandard, the problem is unlikely to be the consumer microwave. Rather, the issue is the landlords failure to upgrade the electrical system. An outdated electrical system laden with frayed wiring, no GFCIs, improper or missing grounding and bonding, rusty or deteriorated service panels, an inadequate circuit panel, ungrounded outlets, backstabbed wiring, improperly spliced wires, loose or exposed connections, outdated wiring, and inadequate electrical capacity is likely the culprit and not the California tenants microwave. When faced with these circumstances, the California tenant is likely best served by making every effort to make sure the landlord realizes they need to upgrade their electrical system. After completing the upgrade, the California tenant may easily be able to refute any contention that the microwave is hazardous or otherwise unsafe.

Can California Tenants Keep Commercial, Industrial, or High-Powered Microwaves?

No, it is unlikely that California tenants may keep commercial, industrial, or high-powered microwaves in their bedrooms under any circumstances. This article pertains to consumer microwaves intended for residential use by individuals that heat food through electromagnetic radiation that cause water molecules within the food to vibrate, thereby increasing thermal energy. This article does not pertain to other microwave technology, including but not limited to commercial, industry, or high-powered microwaves.