California · Repairs and Unsafe Conditions

Landlord Won't Make Repairs in California: What Can I Do?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in California.

California law says your landlord must keep your home fit to live in. This page explains what that standard covers, how to ask for repairs, and what you can do when your landlord does not fix the problem. It covers repair and deduct, rent withholding, code inspections, retaliation, and what happens in court.

What your landlord has to fix

  1. Your landlord must keep your home fit to live in. California law calls this the warranty of habitability (the landlord's legal promise that the home is safe and fit to live in). The promise is part of every rental agreement, even if the lease says nothing about repairs. The home does not have to be perfect. It must meet basic living needs.

    Sources:
    1. § 1941, California Legislative Information. Law.
    2. Green v. Superior Court, 10 Cal.3d 616 (1974), Supreme Court of California (Caselaw Access Project). A court decision.
    Tip.

    Take photos of each problem, with the date. Take more if it gets worse.

  2. State law lists what makes a home fit to live in. It includes:

    • A roof, walls, windows and doors that keep out water and weather.
    • Working plumbing and gas.
    • Hot and cold running water, connected to a sewer.
    • Working heat.
    • Working electric lights and wiring.
    • Building and grounds free of trash, rodents and bugs.
    • Enough garbage cans.
    • Floors, stairs and railings in good repair.

    If your home seriously lacks any of these, it is not fit to live in.

    Source:
    1. § 1941.1(a)(4), California Legislative Information. Law.

  3. Since January 1, 2026, the list also includes a working stove and a working refrigerator. This applies only to a lease signed, changed, or renewed on or after January 1, 2026. The rule does not cover a single-room-occupancy (a small rented room, often with a shared bathroom or kitchen) unit. It also does not cover a residential hotel, supportive housing, or a home with a shared kitchen.

    Source:
    1. Civ. Code § 1941.1(a)(10)-(11), California Legislative Information. Law.

  4. You may agree in writing to bring your own refrigerator, but your landlord cannot make that a condition of renting to you.

    Source:
    1. Civ. Code § 1941.1(a)(11)(B), California Legislative Information. Law.
    Tip.

    Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

Ask in writing

  1. First, tell your landlord about the problem in writing. The law allows spoken notice, but a dated letter, email or text proves what you said and when. Describe each problem and ask for a repair. Keep a copy. Take dated photos or videos of the problem. The date of your notice starts the clock for repair and deduct (paying for a repair yourself and subtracting the cost from your rent). It also starts the clock for protection against retaliation (your landlord punishing you for complaining).

    Sources:
    1. Our editorial rules.
    2. § 1942.5(a)(1), California Legislative Information. Law.
    3. § 1942(a), California Legislative Information. Law.
    Your landlord can take you to court.

    If you hold back rent, pay less, or take repair costs out of your rent, your landlord can file an eviction case for unpaid rent. If the judge rules for your landlord, you can owe the rent and court costs and have to move out. Your proof matters. Even a case you win can show up when you apply for a new place. Get legal help first.

Get your home inspected

  1. If your landlord does not fix the problem, ask your city or county code enforcement or health department to inspect. The inspector can order your landlord in writing to fix conditions that break the housing code. Complaining to an inspector is a protected act, so your landlord cannot legally punish you for it.

    Sources:
    1. Our editorial rules.
    2. § 1942.5(a)(2), California Legislative Information. Law.
    3. § 1942.4(a)(2), California Legislative Information. Law.
    Think before you call an inspector.

    You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

    From City of Santa Cruz Planning and Community Development.
    Tip.

    If you can pay for it, a private home inspector can check the problems. Their written report and photos help show the conditions.

  2. An inspector's written order gives you extra protection. Say 35 days pass after the order with no repair and no good reason. Then your landlord may not demand or collect rent, raise the rent, or give you a notice to pay rent or move out. The 35 days count from the day the inspector mails the order.

    Source:
    1. Civ. Code § 1942.4(a), California Legislative Information. Law.

If it is still not fixed

  1. Your landlord cannot punish you for asking for repairs or complaining to an inspector. This is called retaliation. If you are current on rent, this protection lasts 180 days. The clock starts on your complaint, inspection, or court filing. During that time your landlord cannot evict you, raise your rent, or cut services. Threatening to report you to immigration officials also counts as retaliation.

    Sources:
    1. Your landlord is getting back at you for reporting a problem, California Courts Self-Help Guide. A government guide.
    2. Civ. Code § 1942.5(c), California Legislative Information. Law.

  2. Repair and deduct (paying for the repair yourself, then taking that amount out of your rent) is allowed under California law. You must first give your landlord notice and a reasonable time to fix it. The repair cannot cost more than 1 month's rent. Example: your rent is $2,000 and the repair costs $600. You pay $1,400 rent that month and give your landlord the receipt.

    Sources:
    1. Our editorial rules.
    2. Civ. Code § 1942(a), California Legislative Information. Law.

  3. You can use repair and deduct (paying for a repair yourself and taking the cost out of your rent) only twice in any 12 months. Each repair cannot cost more than 1 month's rent. Example: with $2,000 rent, that is 2 repairs of up to $2,000 each, or $4,000 at most in a year. You cannot use it for a problem you or your guests caused.

    Sources:
    1. Our editorial rules.
    2. Civ. Code § 1941.2(a), California Legislative Information. Law.
    3. Civ. Code § 1942(c), California Legislative Information. Law.

  4. Tell your landlord about serious repairs. If they do not make them in a reasonable time, you may hold back some or all rent. The problems must be serious ones that threaten your health or safety. You, your family, guests, or pets must not have caused the problem. A court sets the fair rent you still owe while the home breaks housing codes. If you lose in court, you pay the rent and the landlord's court costs, and can be evicted.

    Sources:
    1. Green v. Superior Court, 10 Cal.3d 616 (1974), Supreme Court of California (Caselaw Access Project). A court decision.
    2. California Tenants guide, Having Repairs Made, California Department of Real Estate. A government guide.

  5. Rent withholding (stopping or holding back part of your rent) has a risk. Your landlord may give you a notice to pay rent or move out, then file an eviction case. You can raise the problems as a defense in court. Then the judge decides if they were a serious breach of the landlord's duty to keep the home fit to live in. If the court agrees, it sets a lower rent for the time the home was unfit.

    Sources:
    1. 3-day Notice to Pay or Quit (pay rent or move out), California Courts Self-Help Guide. A government guide.
    2. Code Civ. Proc. § 1174.2(a), California Legislative Information. Law.

  6. If you cannot afford a lawyer, you may qualify for free or low-cost legal aid. To find a legal aid office near you, go to LawHelpCA.org.

    Source:
    1. Landlord-Tenant Issues, California Attorney General. A government guide.

  7. You can use the 180-day retaliation protection only once in any 12 months. During those 180 days, your landlord can still act if the notice states a good-faith reason. If you dispute that reason, your landlord must prove it at the trial or hearing.

    Source:
    1. Civ. Code § 1942.5(a), California Legislative Information. Law.

Moving out

  1. Tell your landlord about problems they must fix that make your home unfit to live in. If they do not fix them in a reasonable time, you may move out. You owe no rent after the day you move out. You, your family, guests, or pets must not have caused the problems. You can use this in no more than 2 cases in 12 months. Your landlord may sue you for more rent or other money.

    Sources:
    1. Civ. Code § 1942(a), California Legislative Information. Law.
    2. California Tenants guide, Having Repairs Made, California Department of Real Estate. A government guide.

Published by Nazanin, November 11, 2026. Sources checked October 5, 2026. Is something on this page wrong or out of date? Tell us.