Repairs and habitability in California: mold, leaks, heat and pests

What the landlord must provide

Civil Code section 1941 requires the landlord to put a rental unit into a condition fit for occupancy and to repair conditions that make it untenantable. Section 1941.1 lists basic standards, including effective waterproofing and weather protection of roof and exterior walls, plumbing and gas facilities in good working order, hot and cold running water connected to a sewage system, heating facilities, safe electrical lighting and wiring, clean and sanitary buildings and grounds free of rodents and vermin, enough garbage receptacles, floors, stairways and railings in good repair, and working locks where required.

State and local housing codes add further standards. Serious mold or dampness, lack of heat, sewage leaks and infestations are typical habitability problems. Minor cosmetic issues usually are not. The tenant also has duties: keep the unit reasonably clean, use fixtures properly and not cause damage.

Requesting repairs the right way

Tell your landlord about the problem in writing, even if you already mentioned it in person or by phone. Describe what is wrong, where, since when and how it affects you, and ask for the repair by a reasonable date. Keep copies of the letter or email and any reply, and take dated photos or videos.

Your landlord generally has a right to enter to make repairs, but must give reasonable written notice first, which under Civil Code section 1954 is presumed to be 24 hours, except in an emergency. If the landlord does not respond, a city or county code enforcement inspection can produce an official record of the conditions.

• Write down when the problem started and every time you reported it.
• Keep photos, videos and repair estimates in one folder.
• Ask your local code enforcement office about an inspection if repairs are not made.

Repair and deduct, and why withholding rent is risky

Civil Code section 1942 allows a tenant, after giving the landlord notice and a reasonable time to act, to make certain repairs and deduct the cost from the rent. The deduction may not exceed one month's rent, and the remedy may be used no more than twice in any 12-month period. It applies to conditions that make the unit untenantable, not to problems the tenant caused. Thirty days is presumed to be a reasonable time in many cases, but a shorter time may be reasonable for urgent problems.

Withholding rent entirely is a different and riskier step. California courts recognize that serious habitability defects can reduce the rent owed, but if a judge decides the problem was not serious enough, or that the amount withheld was too high, you may lose an eviction case for nonpayment. Get advice before withholding rent, and keep the withheld money available.

Protection against retaliation

Civil Code section 1942.5 protects tenants who ask for repairs, complain to a government agency or use other legal rights. If, within 180 days after such a complaint, the landlord tries to evict you, raises the rent or reduces services, the law presumes the landlord acted in retaliation, as long as you are current on rent. The landlord can rebut that presumption with a legitimate reason.

Retaliation can be raised as a defense in an eviction case and may also support a claim for damages. Keep a timeline that links your complaints to the landlord's response, because timing is often the strongest evidence.