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Tenant Law Library

Habitability

Substandard conditions and the right to repairs.

Every rental in California comes with a promise built into the law that the home will be kept livable. This is called the implied warranty of habitability, and a landlord cannot sign it away.

A home does not have to be perfect. It has to be safe, weatherproof, and free of conditions that put your health at risk.

General information, not legal advice

This page explains the law in plain English to help you get oriented. It is not legal advice, and reading it does not make us your lawyers. Laws and yearly figures change. For what applies to your situation, give us a call.

What the landlord has to keep working

The law lists the basics. Working plumbing, hot and cold water, heat, safe electrical, a sound roof and walls, working locks and windows, and a building kept free of pests and mold.

When these things break and the landlord knows about it, the duty to fix them is the landlord’s, not yours.

Repair and deduct, and rent withholding

If a landlord ignores a serious repair, the law gives a tenant some self-help tools. Repair and deduct lets you pay to fix a problem and take the cost out of rent, within limits. In some cases a tenant can withhold rent until the home is made livable.

These tools have strict rules and real risks if used wrong. Put your request in writing, give the landlord a reasonable chance to fix it, and keep records before you act.

You cannot be punished for asking

It is illegal for a landlord to raise your rent, cut your services, or move to evict you because you asked for a repair or reported a problem. The law treats those moves, when they come soon after you spoke up, as retaliation.

If your rent jumped or a notice appeared right after you reported a condition, write down the timeline. That timeline matters.

Where to file a complaint

If you are not sure how any of this applies to you, that is exactly what a free call is for. We will tell you where you stand.

Give us a call