Landlord repairs in California

The landlord must put a rental home into a condition fit for living and repair later problems that make it untenantable (Civ. Code § 1941); § 1941.1 lists what makes a home untenantable. The California Supreme Court in Green v. Superior Court (1974) also held that every residential lease contains an implied warranty of habitability, which a lease cannot waive (§ 1942.1). (Cal. Civ. Code §§ 1941, 1941.1; Green v. Superior Court (1974) 10 Cal.3d 616)

California law names these:

• effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors
• plumbing and gas facilities in good working order
• hot and cold running water connected to an approved sewage system
• heating facilities in good working order
• electrical lighting, wiring and equipment in good working order
• clean, sanitary building and grounds free of debris, garbage, rodents and vermin
• adequate garbage receptacles
• floors, stairways and railings in good repair
• a working stove (leases entered into, amended or extended on or after Jan. 1, 2026)
• a working refrigerator (same leases; tenant may opt to supply their own)
• operable deadbolt locks on main entry doors
• window security or locking devices
• locking common-area entry doors in multifamily buildings
• one usable telephone jack and inside phone wiring

Repair and deduct requires written or oral notice to the landlord or the landlord's agent (Civ. Code § 1942(a)). The Department of Real Estate guide says notice may be oral or written, but writing is strongly recommended; certified mail is not required but is a good idea, and urgent problems should be reported orally and then confirmed in writing. (Cal. Civ. Code § 1942(a); DRE, California Tenants guide (2025), pp. 56–58)

The landlord must repair within a reasonable time after notice. A tenant who repairs and deducts after the 30th day following notice is presumed to have waited a reasonable time; a shorter period can be reasonable when circumstances require (Civ. Code § 1942(b)). The DRE guide gives the example that one to two days may be reasonable for a broken furnace in very cold weather. A recalled stove or refrigerator must be repaired or replaced within 30 days after the landlord gets notice of the recall (§ 1941.1(c)).

Law: Cal. Civ. Code §§ 1942(b), 1941.1(c)

Allowed with limits. If the landlord does not repair conditions that make the home untenantable within a reasonable time after notice (presumed reasonable after 30 days), the tenant may make the repair and deduct the cost from rent, if the cost is no more than one month's rent. The remedy can be used no more than twice in any 12-month period, and not for conditions the tenant caused or for which the tenant breached § 1929 or § 1941.2 duties (Civ. Code § 1942).

Waiting period after notice:

30 days

Limit:

one month's rent

Law:

Cal. Civ. Code § 1942

Allowed with limits. Under Green v. Superior Court (1974), a tenant may withhold some or all rent only when the landlord, after notice and a reasonable time, fails to fix serious defects that threaten health or safety and breach the implied warranty of habitability, and the tenant did not cause them; it is raised as a defense in an eviction (Code Civ. Proc. § 1174.2). The DRE guide says courts usually set a reduced rent, the tenant should set the withheld money aside, and the tenant may have to pay the court-ordered amount within five days of judgment. A landlord may not demand or collect rent, raise rent, or serve a 3-day notice to pay or quit if a code inspector's written notice to repair substandard conditions has gone unabated for 35 days without good cause (Civ. Code § 1942.4).

Law:

Green v. Superior Court (1974) 10 Cal.3d 616; Cal. Civ. Code § 1942.4; DRE, California Tenants guide (2025), pp. 59-61

Allowed. If the landlord does not repair conditions making the home untenantable within a reasonable time after notice, the tenant may move out instead of repairing and is discharged from further rent as of the date of vacating (Civ. Code § 1942(a)). This 'abandonment' remedy counts toward the twice-in-12-months limit, and is not available if the tenant caused the condition.

Law:

Cal. Civ. Code § 1942(a)

If a code-enforcement officer gives the landlord written notice to fix substandard conditions and they stay unfixed 35 days later without good cause, the tenant can sue (including in small claims) for actual damages plus $100–$5,000 special damages and attorney's fees, and the court can order repairs (Civ. Code § 1942.4). In an eviction, conditions left unfixed 60 days after an inspector's notice create a presumption that the landlord breached habitability (§ 1942.3). Tenants may also sue for breach of contract and seek an injunction for lock violations (§ 1941.3(c)).

If the tenant is current on rent, the landlord may not evict, force the tenant out, raise rent or decrease services within 180 days after the tenant in good faith gave repair notice under § 1942, reported bed bugs, complained orally about habitability, filed a complaint with a government agency, an inspection or citation resulted, or a court or arbitration case about habitability was filed or decided against the landlord (Civ. Code § 1942.5(a)). This 180-day protection can be invoked once in 12 months. Retaliation for organizing or exercising legal rights is also unlawful at any time (§ 1942.5(d)). Violators owe actual damages plus $100–$2,000 punitive damages per act for fraud, oppression or malice, and attorney's fees (§ 1942.5(h)–(i)). (Cal. Civ. Code § 1942.5)

The DRE guide suggests having local health or building officials inspect the unit; their written notice to the landlord triggers the § 1942.3 and § 1942.4 remedies.

• Los Angeles: The Los Angeles Housing Department's Rent Escrow Account Program (REAP) lets tenants in buildings with unfixed cited code violations pay a reduced rent (10–50%) into a city escrow account or to the landlord; escrow payments count as rent paid.

• AB 628 (Stats. 2025, ch. 342), effective Jan. 1, 2026, added a working stove and refrigerator to the habitability standards for leases entered into, amended or extended on or after Jan. 1, 2026 (not for permanent supportive housing, SROs, residential hotels, or units with shared kitchens).
• No repair duty arises under §§ 1941–1942 if the tenant's own substantial violation of the § 1941.2 duties (cleanliness, garbage, proper use of fixtures, no damage) caused the problem or blocks the repair.
• Visible, non-superficial mold growth (as determined by a health or code officer) can be a substandard condition (DRE guide; Health & Safety Code § 17920.3).
• The landlord must install working smoke detectors and, where there are fossil-fuel appliances or an attached garage, carbon monoxide detectors (DRE guide).

• California repair request letter (free, runs in your browser)
• Breaking a lease in California: notice periods and early-termination rights
• California eviction notice rules: what a notice for unpaid rent requires

• Cal. Civ. Code §§ 1940–1954 (Hiring of Real Property), California Legislative Information Retrieved October 14, 2026.
• Cal. Civ. Code § 1942.5 Retrieved October 14, 2026.
• California Department of Real Estate, A Guide to Residential Tenants' and Landlords' Rights and Responsibilities (2025) Retrieved October 14, 2026.
• Los Angeles Housing Department, What is REAP? Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.