Repairs, Mold and Habitability: What CA Tenants Can Do

California law requires every residential rental to be fit to live in. When a landlord ignores leaks, mold, pests, broken heat or other serious problems, tenants have remedies. Using them in the right order protects you from eviction and strengthens any claim for money.

Step 1: Know the standard

Civil Code section 1941.1 lists the basics a landlord must provide, including weatherproofing, working plumbing and gas, hot and cold water, heat, safe electrical systems, clean premises free of vermin, trash receptacles, and safe floors and stairways. Local building and health codes add more requirements.

Step 2: Put it in writing

Send the landlord or property manager a dated written request describing the problem and asking for repair. Email or text is fine if that is how you normally communicate, but keep copies. Written notice starts the clock on a reasonable time to repair.

Step 3: Document the conditions

Take dated photos and video, keep receipts for anything you had to buy or replace, and note any health effects or damaged belongings. Ask neighbors with similar problems to do the same.

Step 4: Ask for an inspection

If repairs do not happen, contact your city's code enforcement office or the county health department. An inspector's report or notice of violation is some of the strongest evidence a tenant can have.

Step 5: Choose a remedy carefully

• Repair and deduct (Civil Code section 1942): after reasonable notice, a tenant can make certain repairs and deduct the cost, up to one month's rent, no more than twice in 12 months.
• Rent withholding is sometimes justified when conditions are serious, but it carries real risk because the landlord may file an eviction for nonpayment. Get advice first and consider setting the rent money aside.
• A lawsuit for damages can recover a reduction in rent for the time the unit was defective, property damage, and in some cases statutory penalties.
• A defense to eviction: if the landlord sues for unpaid rent, habitability problems can reduce or eliminate the rent owed.

Retaliation is illegal

A landlord may not raise the rent, reduce services or try to evict because a tenant complained about conditions or contacted a government agency. Under Civil Code section 1942.5, those actions within 180 days after a good faith complaint are presumed retaliatory in many cases.

See our habitability and tenant rights page or contact us to discuss your situation.

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