California landlord repair laws

What your landlord is required to fix, how long they have once you put it in writing, and what California law lets you do if they don't.

What your landlord must maintain

Under Cal. Civ. Code §§ 1941, 1941.1, a landlord must keep the premises tenantable, including effective weather protection, working plumbing and gas, hot and cold running water, working heating, safe electrical wiring, clean and sanitary grounds, adequate garbage receptacles, and floors, stairways and railings in good repair.

Conditions the statute covers

• ✓No working heat
• ✓No running water
• ✓No hot water
• ✓Electrical system not working or unsafe
• ✓Plumbing not in working order
• ✓Sewage backup or unsanitary conditions
• ✓Supplied appliances not working — stove, refrigerator
• ✓Unsafe floors, stairs, railings, ceiling, or roof
• ✓Roof, window, or plumbing leak causing damage
• ✓Mold growth
• ✓Rodent or insect infestation
• ✓Common areas unsafe or unsanitary
• ✓No garbage receptacles or removal
• ✓Broken exterior door, window, or lock
• ✓Building or housing code violation

What you can do about it

Once written notice has been given and the statutory period has passed, you may repair the condition and deduct the cost from rent under § 1942, or vacate and be discharged from further rent.

Repair-and-deduct limit: under § 1942(a) the repair may not require an expenditure of more than one month's rent, and that subdivision permits this remedy no more than twice in any 12-month period. (Shown for a $1,500 monthly rent where the limit depends on rent.)

Retaliation is illegal

Cal. Civ. Code § 1942.5 prohibits retaliation within 180 days of a tenant's protected act against a tenant who is not in default in rent, and provides for actual damages plus punitive damages of not less than $100 nor more than $2,000 for each retaliatory act where the landlord has been guilty of fraud, oppression or malice, with attorney's fees to the prevailing party.

Limits and exceptions

Section 1942(a) limits this remedy to twice in any 12-month period, and § 1942(c) makes it unavailable where the condition was caused by the tenant's own violation of § 1929 or § 1941.2. Section 1942.5(b) permits a tenant to invoke the 180-day retaliation protection only once in any 12-month period. Rent-barred damages under § 1942.4 require a public housing officer to have inspected and given the landlord written notice, so this letter alone does not trigger them.

Common questions

How long does a landlord have to make repairs in California?

Under Cal. Civ. Code § 1942(b), a tenant who acts to repair and deduct after the thirtieth day following this notice is presumed to have acted after a reasonable time. That clock starts when your landlord receives written notice — which is why how you send it matters.

Can I withhold rent or repair it myself in California?

California allows repair-and-deduct within limits: under § 1942(a) the repair may not require an expenditure of more than one month's rent, and that subdivision permits this remedy no more than twice in any 12-month period. You must give written notice first, and the statutory waiting period must pass before you act.

Can my landlord retaliate if I ask for repairs in California?

Cal. Civ. Code § 1942.5 prohibits retaliation within 180 days of a tenant's protected act against a tenant who is not in default in rent, and provides for actual damages plus punitive damages of not less than $100 nor more than $2,000 for each retaliatory act where the landlord has been guilty of fraud, oppression or malice, with attorney's fees to the prevailing party.

Do I have to put a repair request in writing in California?

Yes — and it is the single most important step. Under Cal. Civ. Code § 1942, the landlord's obligations and your remedies run from written notice. A text message or a phone call generally leaves you arguing about whether and when your landlord was told.