Every residential lease in California includes a warranty of habitability. Landlords must keep rental units fit to live in, and tenants cannot waive that right. When a landlord ignores serious problems, tenants may be entitled to repairs, a rent reduction, damages, and protection from retaliation.
What landlords must provide
Civil Code section 1941.1 sets out the minimum standards, including:
- Effective waterproofing and weather protection of the roof and walls, with unbroken windows and doors
- Plumbing and gas facilities in good working order
- Hot and cold running water and a working sewage system
- Heating facilities in good working order
- Safe electrical lighting and wiring
- Building and grounds kept clean and free of rodents, insects and other vermin
- Adequate trash receptacles
- Floors, stairways and railings in good repair
- Working locks, smoke detectors and carbon monoxide detectors as required by law
Serious mold, sewage leaks, lead hazards and other health and safety code violations can also make a unit untenantable.
What tenants can do
- Give written notice to the landlord describing the problem, and keep a copy.
- Document everything with dated photos, videos, texts and repair requests.
- Call code enforcement or the health department for an inspection. An official notice of violation is strong evidence.
- Repair and deduct under Civil Code section 1942, limited to one month's rent and twice in any 12 month period, after reasonable notice.
- Raise habitability as a defense if the landlord files an eviction for nonpayment of rent.
- File a lawsuit for damages, including rent reduction for the period the unit was defective and, in some cases, statutory penalties under Civil Code section 1942.4.
Protection from retaliation
Civil Code section 1942.5 prohibits landlords from retaliating against tenants who complain about conditions, contact a government agency, or organize with other tenants. A rent increase, reduction in services or eviction within 180 days after a good faith complaint is presumed retaliatory in many situations.
Read our step by step habitability guide.
Frequently asked questions
What makes a rental uninhabitable in California?
Civil Code section 1941.1 lists the basics, including effective waterproofing, working plumbing, hot and cold water, heating, safe electrical systems, clean premises free of vermin, adequate trash receptacles, and floors, stairways and railings in good repair. Serious mold and other code violations can also make a unit untenantable.
Can I withhold rent if my landlord will not make repairs?
Sometimes, but it is risky. Withholding rent can lead to an eviction case where you must prove the habitability problems. Repair and deduct under Civil Code section 1942 is limited to one month's rent and twice in any 12 month period. Talk with an attorney and document everything before you stop paying.
My landlord raised the rent after I complained. Is that legal?
Civil Code section 1942.5 prohibits retaliation. If a landlord raises rent, cuts services or files an eviction within 180 days after a tenant's good faith complaint about conditions, the law presumes retaliation in many situations.