Your Right to Habitable Housing in California

California landlords must keep rentals fit to live in. Civil Code section 1941.1 lists what that means: weatherproofing, working plumbing, gas, heat, and electricity, hot and cold running water, clean and pest-free premises, trash receptacles, safe floors and stairs, and, for most leases signed, amended, or extended on or after January 1, 2026, a working stove and refrigerator. If the landlord does not fix a serious defect you did not cause within a reasonable time after you report it, you have three options. You can repair it and deduct the cost (if it is no more than one month's rent, twice in 12 months), withhold rent and defend that choice in court, or move out. If a code inspector cites such a defect and it stays unfixed 35 days after the notice is mailed, without good cause, the landlord cannot demand or collect rent until it is repaired.

What counts as habitable in California

A unit is untenantable, meaning legally unfit to live in, if it substantially lacks any of these items from section 1941.1:

• A roof and exterior walls that keep out water and weather, 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 in good working order
• Electrical lighting, wiring, and equipment in good working order
• A clean building and grounds, free of garbage, rodents, and vermin when your tenancy starts, with the areas the landlord controls kept that way
• Enough garbage and trash receptacles in good repair
• Floors, stairways, and railings in good repair
• A stove that can safely heat food and a refrigerator that can safely store food, both in good working order, for leases entered into, amended, or extended on or after January 1, 2026

A unit is also untenantable if it has a lead hazard or is a substandard building under the state Health and Safety Code, which covers conditions that endanger the occupants, such as damp rooms, insect or rodent infestations, sagging ceilings, and unsafe wiring. Visible mold growth counts when a health or code enforcement officer confirms it, but minor mold on surfaces that normally get wet does not.

The 2026 stove and refrigerator rule (AB 628)

A recalled stove or refrigerator does not count as working, and the landlord must repair or replace it within 30 days of receiving notice of the recall. You may supply your own refrigerator only if you ask to and the lease includes a checked statement saying so, and you then maintain it yourself. The landlord cannot require it, and you can later switch back on 30 days' written notice. Single-room occupancy units, residential hotels, permanent supportive housing, and units with shared kitchens are exempt.

What your landlord does not have to fix

In Green v. Superior Court (1974), the California Supreme Court held that every residential lease includes an implied warranty of habitability, a promise the law adds that the unit will stay fit to live in. The warranty does not require a perfect or attractive unit, and minor code violations that do not affect habitability do not justify paying less rent. Amenities such as a washing machine, parking space, or pool are generally not habitability items, though your lease may still require the landlord to maintain them.

You must keep your part of the unit clean, dispose of trash properly, use plumbing, gas, and electrical fixtures properly, and not damage the unit or let others do so. If breaking one of these duties substantially caused the problem, the landlord does not have to fix it and the remedies below do not apply. You also pay for damage caused by your own carelessness or by your household, guests, or pets.

A lease clause waiving these rights is void. You can agree to handle some repairs in exchange for lower rent, but the landlord stays responsible for meeting housing codes. See What Are Your Basic Rights as a Tenant? and how the implied warranty of habitability works.

Step one: report the problem and allow a reasonable time

Every remedy starts with notice to the landlord or the landlord's agent. The law accepts oral or written notice, but the California Department of Real Estate's official tenant guide strongly recommends a signed, dated letter that describes the defect and the repair needed. Send it by certified mail or hand deliver it and ask for a receipt. If you report by text or email, follow up with a letter, because the repair laws mention only oral and written notice. Keep a copy and take dated photos. Requesting repairs in California covers wording and delivery.

California sets no single repair deadline. For repair and deduct, a wait of 30 days after notice is presumed reasonable, and a shorter wait can be reasonable for urgent problems. The state guide's example is one to two days for a broken furnace in very cold weather. If the landlord still does nothing, ask your city or county building, housing, or health department to inspect. An inspector's report helps prove the problem in court, and the inspector's written notice to the landlord is required for the rent bar under section 1942.4.

Repair and deduct under Civil Code section 1942

Section 1942 lets you fix a defect yourself, or pay someone to, and subtract the cost from the next rent payment. All of these must be true:

1. The defect makes the unit untenantable. The state guide's examples are a roof leak in the rainy season, no hot running water, and a gas leak.
2. You, your household, your guests, or your pets did not cause it.
3. You gave notice and waited a reasonable time.
4. The repair costs no more than one month's rent.
5. You have not already used the remedy twice in the past 12 months.

Example: your rent is $2,400, and the landlord ignores your written notice about a broken bedroom window for 30 days. A glass company charges $650. You pay it, then pay $1,750 for the next month ($2,400 minus $650) with a copy of the receipt and a short letter explaining the deduction. A repair costing more than $2,400 would fall outside this remedy.

If a judge later finds the defect did not qualify, or your notice or wait was too short, you can be ordered to pay the deducted amount. The landlord can also treat the shortfall as unpaid rent and serve a three-day notice to pay rent or quit (a written demand to pay the overdue rent or move out), then file an eviction case.

The same section lets you move out instead, after the same notice and wait, and you owe no rent after you leave. Tell the landlord in writing why you are leaving, return the keys, and if possible get an inspection first, because the landlord can still sue for rent. For how the remedy works in general, see our repair and deduct guide.

Withholding rent under Green v. Superior Court

Withholding rent means paying part or none of the rent until repairs are made. The right comes from Green, which held that you can raise the landlord's breach of the warranty when the landlord sues to evict you for unpaid rent (an eviction lawsuit is called an unlawful detainer case). It applies only to serious defects. In Green, the tenant had a collapsed bathroom ceiling, rats, no heat in four rooms, and exposed wiring, and the building had about 80 code violations.

The same conditions apply as for repair and deduct: you did not cause the defect, gave notice, and waited a reasonable time. No law fixes the amount. The state guide says most courts cut rent by the share of the unit you cannot use: if one of four rooms is unusable, rent drops 25%, so on $2,000 rent you pay $1,500 and hold back $500. Put the withheld money in a separate account and tell the landlord in writing why you are withholding. The account is not required, but judges often ask whether you set the rent aside, and they rarely excuse all of it.

The landlord can respond with a three-day notice to pay rent or quit and then an eviction case. If you are handed the court papers, you have 10 court days (weekends and court holidays do not count) to file an Answer, your written response to the lawsuit, raising the defense. You get more time if the papers were left with someone else or posted and mailed. Under state eviction law, if the judge finds a substantial breach, meaning the landlord failed to meet building and housing code standards that materially affect health and safety, the judge sets the reasonable rent for the unit in its defective condition and can order repairs. You keep the unit by paying that reduced back rent within the time the judge sets, no more than five days after the judgment (longer if the judgment is mailed), and the rent stays reduced until repairs are done.

If the judge finds no substantial breach, or you miss the payment, the landlord gets the unit back and can recover court costs, plus attorney's fees if your lease has a fee clause. A legal aid office can review your facts before you withhold. For the general rules, see Can You Legally Withhold Rent?.

When a code inspector has cited the unit (Civil Code section 1942.4)

Section 1942.4 bars a landlord from demanding or collecting rent, giving notice of a rent increase, or serving a three-day notice to pay rent or quit when all four of these are true:

1. The unit substantially lacks one of the section 1941.1 items, has a lead hazard, or is a substandard building that endangers the occupants.
2. A housing, building, or health inspector inspected the unit and notified the landlord in writing to fix it.
3. The problem still exists 35 days after the notice was mailed, and the landlord has no good cause for the delay.
4. You, your household, or your guests did not cause it.

If the landlord does any of these anyway, you can sue for your actual damages plus an extra $100 to $5,000 the court sets as special damages, and the court can order the repairs. You do not have to try another remedy first, and a claim of $12,500 or less can go to small claims court. The winning side recovers reasonable attorney's fees and costs, so a tenant who sues and loses can owe the landlord's fees.

Protection from retaliation (Civil Code section 1942.5)

If you are not behind on rent, your landlord cannot evict you, raise your rent, or cut services in retaliation within 180 days after you act on a habitability problem. Protected acts include giving repair-and-deduct notice, complaining to the landlord, filing a code complaint the landlord knows about, having the unit inspected or cited, and suing over the conditions. The 180 days run from the latest of those events, and you can rely on this protection once in any 12-month period. A landlord can still act in that window by stating a good-faith reason in the notice and proving it if you dispute it. Outside those limits, the same law still bars retaliation for lawfully exercising your rights, but you must produce evidence that the landlord acted to retaliate. A landlord who retaliates owes your actual damages, plus $100 to $2,000 per retaliatory act done with fraud, oppression, or malice.

Whether your landlord needs a legal reason to end your tenancy at all depends on the statewide Tenant Protection Act and local rules; see California eviction protections.