When The Landlord Will Not Fix It
Civ. Code 1942 — notice, 30 days, and one month's rent
In California, the landlord of a building meant for people to live in must put it in a condition fit to live in and repair the dilapidations that make it untenantable, unless the parties agreed otherwise. A dwelling is untenantable if it substantially lacks any of the standard characteristics the Civil Code lists.
- Effective waterproofing and weather protection of the roof and outside walls, including unbroken windows and doors.
- Plumbing or gas facilities in good working order, and 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.
- The building and grounds clean, sanitary and free of debris, filth, rubbish, garbage, rodents and vermin, with enough garbage receptacles.
- Floors, stairways and railings in good repair.
Repair and deduct is capped at one month's rent, and twice a year. If the landlord does not repair within a reasonable time after written or oral notice, the tenant may make the repair where it costs no more than one month's rent and deduct the cost from the rent, or may move out and owe no further rent. The remedy is available no more than twice in any 12 month period, and not where the tenant or a guest caused the condition.
A tenant who repairs and deducts after the 30th day following notice is presumed to have waited a reasonable time. The presumption can be rebutted, and it does not rule out acting sooner where the circumstances require it.
Where a housing inspector has notified the landlord in writing to repair substandard conditions and they remain more than 35 days after that notice without good cause, the landlord may not demand or collect rent, raise the rent, or serve a three day notice to pay or quit. A landlord who does is liable for actual damages and special damages of not less than $100 and not more than $5,000, plus attorney's fees to the side that prevails.
Retaliation within 180 days of a complaint is barred. A landlord may not evict, raise the rent or cut services within 180 days after a tenant, not behind on rent, gives notice to repair, complains to the landlord or a housing agency, or starts a case about the condition of the home. Threatening to report a tenant to immigration authorities is retaliation. A tenant may invoke that protection once in any 12 month period, and punitive damages run from $100 to $2,000 for each retaliatory act done with fraud, oppression or malice.
A landlord who states in good faith a lawful ground for an eviction or rent increase in the notice may still act within the 180 days. A waiver of the retaliation protections in a lease is void. Local housing codes and rent ordinances are not set out here.
Sources for this section (5)
- Civ. Code 1941 — The lessor's duty to put a dwelling in a condition fit for occupation
- Civ. Code 1941.1 — When a dwelling is untenantable
- Civ. Code 1942 — Repair by the tenant and deduction from the rent
- Civ. Code 1942.4 — Rent demanded for a substandard dwelling
- Civ. Code 1942.5 — Retaliation against a tenant
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.