California Landlord Repair Laws: Deduct, Withhold or Move Out

Short answer: California landlord repair laws give tenants three self-help tools for serious defects: repair and deduct up to one month’s rent, no more than twice in 12 months, under Cal. Civ. Code § 1942; moving out without owing further rent; and withholding some or all rent under the implied warranty of habitability recognized in Green v. Superior Court. Starting January 1, 2026, a working stove and refrigerator are part of the habitability standard in Civil Code § 1941.1 unless you agree to supply your own.

California is also the rare state where courts, not just the legislature, built the repair framework. That makes the details matter: the remedy you pick, how long you wait, and whether your rent is current all affect whether a judge sides with you. The California Department of Real Estate’s 2026 tenant guide, California Tenants: A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities, is the official walkthrough this page relies on, because the legislature’s own code site blocks automated reading.

California Landlord Repair Laws at a Glance

What Makes a California Rental Uninhabitable

The DRE guide explains that the landlord must repair substantial defects and substantial failures to comply with state and local building and health codes. A unit may be legally uninhabitable if it substantially lacks:

• waterproofing and weather protection of the roof and exterior walls, including unbroken windows and doors;
• plumbing in good working order with hot and cold running water, connected to a sewage system;
• working gas facilities, heating, and an electrical system with safe lighting and wiring;
• clean, sanitary grounds free of debris, rodents and vermin at the start of the tenancy, and in areas the landlord controls afterward;
• adequate trash receptacles; and
• floors, stairways and railings in good repair.

Beyond that list, the guide says every unit must have a working toilet, sink and tub or shower in a private, ventilated room, natural light, safe exits, deadbolts on main entry doors and locks on windows, smoke detectors, carbon monoxide detectors where there are gas appliances or an attached garage, and a locking mailbox. A lead hazard or a “substandard building” under the Health and Safety Code can also make a home uninhabitable.

New for 2026: stove and refrigerator

AB 628 (Chapter 342, Statutes of 2025) requires units rented on or after January 1, 2026, to have a stove and refrigerator in good working order to be deemed habitable, unless you and the landlord mutually agree that you will provide your own. Before this law, the guide notes, refrigerators were usually treated as amenities governed by the lease.

Mold, vermin and disaster debris

Since January 1, 2016, visible mold growth that a health or code officer judges to be more than superficial may be a substandard condition, according to the guide, and mold the landlord knows about that affects livability or health can breach the warranty. Tell the landlord promptly about any water intrusion.

SB 610 (Chapter 547, Statutes of 2025) adds that a unit containing disaster debris such as ash or sludge is presumed uninhabitable until a public health official determines otherwise, and landlords must remediate disaster damage within a reasonable time. A tenant under a mandatory evacuation order owes no rent for the evacuation period.

How to Give Notice

California does not require certified mail, but the DRE guide strongly recommends written notice describing the defect and the needed repair, dated, with a copy kept. For urgent problems, call first and confirm in writing right away. Certified mail with return receipt, or hand delivery with a receipt, gives you proof.

The landlord then gets a “reasonable” time. The guide says courts usually treat 30 days as reasonable, but a broken furnace in freezing weather may warrant only one or two days, and so may tree roots blocking every drain.

Three Self-Help Remedies

1. Repair and deduct

Under Civil Code § 1942, as the guide describes it, you may pay for a repair and deduct it from rent if the defect is serious and directly affects health and safety, the cost is no more than one month’s rent, you have not used the remedy twice in the last 12 months, you did not cause the defect, and the landlord had notice and a reasonable time. Keep receipts and send a short note explaining the reduced payment. The guide’s examples include a roof leak in the rainy season, no hot water and a gas leak.

2. Abandonment

For the same kind of serious defect, you may move out after notice and a reasonable time and owe no further rent. This option is often used when the repair would cost more than a month’s rent. Give written reasons, return the keys, and ideally get a health or building inspection before you leave.

3. Rent withholding

Under Green, you may withhold some or all rent if serious defects that threaten health or safety go unrepaired after notice and a reasonable time. The Green apartment had a collapsed bathroom ceiling, rats, mice and roaches, no heat in four rooms, blocked plumbing, exposed wiring and a dangerous stove. Courts often measure the reduction by percentage; if one of four rooms is unusable, 25% is a common example. Setting the withheld rent aside is wise, because a judge may order you to pay a reduced amount.

All three remedies carry risk. If a judge finds the defect was not serious enough, a three-day notice and eviction can follow. The Judicial Council’s eviction answer form, UD-105, includes checkboxes for both a breach of the habitability warranty and an uncredited repair deduction in a nonpayment case.

Code Enforcement and the 35-Day Rule

A city or county housing inspection does more than document the problem. Under Civil Code § 1942.4, if an inspector gives the landlord written notice to fix a substandard condition, the condition still exists 35 days after the notice was mailed without good cause, you did not cause it, and the landlord then demands rent, raises rent or serves a three-day notice, you can sue for actual damages plus special damages of $100 to $5,000, the guide explains. A court can also order repairs under that section.

Your Duties as a Tenant

California requires you to keep the unit as clean and sanitary as its condition permits, use gas, electrical and plumbing fixtures properly, dispose of trash, and repair damage caused by your neglect or by family, guests or pets. If your own failure substantially caused the problem or interfered with the repair, the landlord need not fix it and you cannot withhold rent until you cure your violation. A lease may shift some repairs to you in exchange for a genuine rent reduction, but the landlord stays responsible for code compliance.

Retaliation After a Repair Complaint

Under Civil Code § 1942.5, a landlord’s attempt to evict within six months after you used or announced repair and deduct, complained about conditions to the landlord or a public agency, sued over conditions, or triggered an inspection is presumed retaliatory, if your rent is current and you have not used the defense in the past 12 months. The landlord must then prove a legitimate motive. Beyond eviction defense, you can sue for actual damages and up to $2,000 in statutory damages for each retaliatory act. The California Attorney General also lists retaliation among the landlord-tenant issues it addresses.

Worked Example: A Roof Leak in Sacramento

Priya pays $2,100 a month for a Sacramento apartment. On November 3, rain pours through the bedroom ceiling. She emails photos that day and hand-delivers a dated letter on November 4, keeping a signed receipt. By December 4, 30 days later, nothing has been done.

A licensed roofer quotes $1,650, under one month’s rent. Priya pays, keeps the invoice, and pays $450 for January with a note explaining the § 1942 deduction. If the landlord answers with a rent increase in February, the six-month presumption under § 1942.5 is on her side.

What to Put in a California Repair Letter

• date, unit address, and the landlord or manager’s name and address for notices;
• each defect, when it began, and how it affects health or safety;
• a reasonable deadline, shorter for heat, water or sewage emergencies;
• the remedy you may use if repairs are not made;
• photos, and a note that you will accept 24-hour written notice of entry.

Our repair request letter generator drafts this, and our warranty of habitability explainer covers the case law background.

Frequently Asked Questions

Does my California landlord have to provide a refrigerator now?

For units rented on or after January 1, 2026, yes, under AB 628, unless you and the landlord agree that you will provide your own. The stove and refrigerator must be in good working order.

How many times can I repair and deduct in California?

Twice in any 12-month period, and each repair can cost no more than one month’s rent, under Civil Code § 1942.

Can I withhold rent instead of fixing it myself?

Yes, for defects serious enough to make the unit uninhabitable, after notice and a reasonable time, under Green v. Superior Court. Withhold only a reasonable portion and save it, since a judge may order a reduced amount paid.

Is mold a habitability violation in California?

It can be. Visible mold a health or code officer judges more than superficial may be a substandard condition, and mold the landlord knows about that affects health or livability can breach the warranty.

Do I owe rent during a wildfire evacuation?

No rent is owed for the period of a mandatory evacuation order, and disaster debris such as ash makes a unit presumptively uninhabitable until a public health official clears it, under 2025’s SB 610.

Start by sending a dated written notice and requesting a city or county inspection if repairs stall. See also California security deposit law and repair laws by state. This is general information, not legal advice; LSC’s legal help finder lists free legal aid near you.

Sources

• California Department of Real Estate, California Tenants guide (2026)
• Cal. Civ. Code § 1941.1
• Cal. Civ. Code § 1942
• Cal. Civ. Code § 1942.4
• Cal. Civ. Code § 1942.5
• Cal. Civ. Code § 1954
• Judicial Council of California, Form UD-105 Answer
• California Attorney General, Landlord-Tenant Issues
• Legal Services Corporation, Get Legal Help