Landlord Won't Make Repairs in California: What Can I Do?
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.
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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 livable). 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.
California Legislative Information § 1941 Supreme Court of California (Caselaw Access Project) Green v. Superior Court, 10 Cal.3d 616 (1974)✓ Sources checked September 21, 2026
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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.
✓ Sources checked September 22, 2026
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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. This rule does not apply to a single-room-occupancy unit, a residential hotel, supportive housing, or a home with a shared kitchen.
✓ Sources checked September 22, 2026
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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 and for protection against retaliation (your landlord punishing you for complaining).
California Legislative Information § 1942.5(a)(1) California Legislative Information § 1942(a) Superior Court of California, County of Santa Clara Remedies for Obtaining Needed Repairs✓ Sources checked September 8, 2026
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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 substandard conditions. That written order is strong evidence in any later court case. Keep a copy of the inspection report. Complaining to an inspector is a protected act, so your landlord cannot legally punish you for it. One caution from legal aid: for very bad conditions, an inspector can condemn the home and make everyone leave.
RenterLaw editorial California Legislative Information § 1942.5(a)(2) Superior Court of California, County of Santa Clara Remedies for Obtaining Needed Repairs California Legislative Information § 1942.4(a)(2)✓ Sources checked September 8, 2026
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If you can afford it, you can pay a private home inspector to check the problems. This can be expensive. Their written report and photos can help show the conditions in court. A private inspector only documents the problems for you. To find one near you, search for "home inspector" or "rental inspection" with your city's name.
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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.
✓ Sources checked September 22, 2026
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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 after 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 authorities counts as retaliation.
California Courts Self-Help Guide Your landlord is getting back at you for reporting a problem California Legislative Information Civ. Code § 1942.5(c)✓ Sources checked September 22, 2026
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Repair and deduct means you pay for the repair yourself and subtract the cost from your rent. 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 checked September 23, 2026
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You can use repair and deduct 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.
California Legislative Information Civ. Code § 1941.2(a) California Legislative Information Civ. Code § 1942(c)✓ Sources checked September 22, 2026
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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. Talk to legal aid or a lawyer first.
Supreme Court of California (Caselaw Access Project) Green v. Superior Court, 10 Cal.3d 616 (1974) California Department of Real Estate California Tenants guide, Having Repairs Made✓ Sources checked September 23, 2026
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Rent withholding 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.
California Courts Self-Help Guide 3-day Notice to Pay or Quit (pay rent or move out) California Legislative Information Code Civ. Proc. § 1174.2(a)✓ Sources checked September 22, 2026
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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. Read the constructive eviction guide and get legal help first.
California Legislative Information Civ. Code § 1942(a) California Department of Real Estate California Tenants guide, Having Repairs Made✓ Sources checked September 23, 2026
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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.
✓ Sources checked September 23, 2026
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You may agree in writing to bring your own refrigerator, but your landlord cannot make that a condition of renting to you.
✓ Sources checked September 23, 2026
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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.
✓ Sources checked September 23, 2026
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