Apartment Repairs in California: A Renter’s Guide to Habitability

A leaking pipe, a broken heater or a cockroach problem can make an apartment miserable. California law gives renters real rights when it comes to repairs, but those rights work best when you know the rules and follow the right steps. This guide explains what landlords must fix, how to ask for repairs, and what to do if nothing happens.

This is general information, not legal advice. For your specific situation, contact a local tenant organization, legal aid office, or your city’s housing department.

What “habitable” means under California law

Every residential lease in California carries an implied promise that the home is fit to live in. This is called the “warranty of habitability,” and you can’t waive it in a lease. California Civil Code section 1941.1 lists conditions that can make a unit untenantable if they’re missing, including:

• Effective waterproofing and weather protection of the roof and exterior walls, including unbroken windows and doors.
• Plumbing and gas facilities in good working order.
• Hot and cold running water connected to a sewage disposal system.
• Heating facilities in good working order.
• Electrical lighting, wiring and equipment in good working order.
• Buildings and grounds kept clean and free of debris, filth, rodents and vermin.
• Enough trash receptacles in good repair.
• Floors, stairways and railings in good repair.
• Working locks on entry doors and certain windows, as required by state law.

You can read the statute on the California Legislative Information site. Local housing codes can add more requirements.

What usually isn’t covered

Cosmetic issues like worn carpet, faded paint or an outdated kitchen generally aren’t habitability problems, unless they create a health or safety hazard. Damage caused by the tenant or their guests is generally the tenant’s responsibility. Appliances such as a dishwasher may or may not be the landlord’s job to fix, depending on the lease, so read yours carefully. Our guide to lease clauses to understand can help.

Your responsibilities as a tenant

Civil Code section 1941.2 says tenants also have duties. In general, you must keep your part of the property clean and sanitary, dispose of trash properly, use fixtures and appliances as intended, and not damage the unit. If a problem is caused by your own failure to meet these duties, the landlord’s repair duty may not apply.

How to request a repair the right way

Step 1: Put it in writing

A phone call or a quick chat in the hallway is easy to forget or deny. Send a dated written request by the method your lease specifies, such as a tenant portal, a letter or a text, and keep a copy. Describe the problem clearly, when it started, and how it affects you. If you only reported it verbally before, follow up in writing.

Step 2: Document everything

Take dated photos and videos of the problem. Keep a simple log with the date of each report, the landlord’s response, and any visits from repair workers. Save receipts for any related costs, such as a space heater you had to buy when the heat went out.

Step 3: Allow access with proper notice

Your landlord will need to enter to make repairs. Under Civil Code section 1954, landlords generally must give reasonable written notice before entering, and 24 hours is presumed reasonable, except in emergencies. Cooperating with reasonable access helps your case.

Step 4: Give a reasonable amount of time

What counts as “reasonable” depends on the problem. No heat in winter or a gas leak is urgent. A slow drain is less so. State law generally treats 30 days as reasonable for repair-and-deduct purposes, though a shorter period may be reasonable for urgent problems.

If the landlord doesn’t fix it

Call code enforcement

Your city or county housing or building department can inspect the unit and order the landlord to make repairs. In the City of Los Angeles, tenants can file a complaint with the Los Angeles Housing Department (LAHD), which also runs the Systematic Code Enforcement Program for rental buildings. Outside the city, check with your local city or with LA County. An official inspection report is strong evidence.

Repair and deduct

Civil Code section 1942 allows a tenant, in some situations, to make a repair and deduct the cost from rent. The rules are strict:

• The problem must affect habitability, and it can’t have been caused by the tenant.
• The tenant must first give the landlord notice and a reasonable time to fix it.
• The cost can’t be more than one month’s rent.
• The remedy can be used no more than twice in any 12-month period.

Keep receipts and copies of everything. Because mistakes can lead to an eviction case for unpaid rent, many renters talk to a tenant organization or lawyer before using this remedy.

Other options

Depending on the situation, tenants may have other remedies, such as moving out under section 1942, raising habitability as a defense in an eviction case, or filing a claim in small claims court. The California Courts Self-Help Guide explains housing cases in plain language. In LA, rent-controlled tenants may also be able to request a rent reduction through LAHD’s programs.

Retaliation is illegal

Many renters hesitate to complain because they fear a rent increase or eviction. Civil Code section 1942.5 prohibits landlords from retaliating against tenants for exercising their legal rights, such as complaining to a government agency about habitability. If a landlord raises rent, reduces services or tries to evict you soon after a valid complaint, the law may presume retaliation. Keep records of the timeline.

Common problems and what to do

Mold

Report moisture and leaks early, since mold usually follows water. California law treats visible mold that affects health as a habitability concern in many situations. Ventilate the bathroom and kitchen, and report the source of the moisture in writing.

Pests

Cockroaches, rodents and bed bugs are common in older buildings. California Civil Code section 1954.600 and the sections after it set specific rules for bed bugs, including that landlords must not show or rent a unit they know has a bed bug infestation. Report pests promptly and follow the pest control company’s prep instructions.

No heat or no hot water

These are core habitability items. Report them immediately and in writing, and call code enforcement if they aren’t fixed quickly.

Broken locks

California requires working deadbolts on main entry doors and security devices on certain windows. A broken lock is a security issue, so report it right away.

A sample repair request

You can adapt this simple template:

Date: [date]
To: [landlord or manager name]
Re: Repair request for [address, unit number]

I’m writing to request repair of [describe the problem], which I first noticed on [date]. It is affecting [describe impact]. Photos are attached. Please let me know when someone can come to make the repair. I can be reached at [phone]. Thank you.
[Your name]

Preventing problems from the start

• Do a careful move-in inspection with photos. Our first apartment checklist includes one.
• Test faucets, outlets, the heater, windows and locks during your tour.
• Ask current tenants or read reviews about how fast management responds to repairs.
• Get renters insurance for your belongings, since the landlord’s policy usually doesn’t cover them.

Where to get help in Los Angeles

• LAHD for code complaints and rent-control questions in the City of LA.
• LA County Department of Consumer and Business Affairs for renter help in unincorporated areas and general guidance.
• Stay Housed L.A. for free legal help and tenant workshops.
• Local legal aid organizations for advice on your specific case.

For more on your rights, read our guides to tenant rights basics and LA rent control (RSO).

FAQ

Can I stop paying rent until repairs are made?

Withholding rent is risky and can lead to an eviction case if done incorrectly. California courts recognize habitability defenses in some situations, but talk to a tenant attorney or legal aid office before withholding any rent.

How long does a landlord have to fix something?

There’s no single deadline for every problem. Urgent issues like no heat, gas leaks or sewage backups should be handled quickly. For repair-and-deduct, state law generally treats 30 days as reasonable, with shorter periods possible for urgent problems.

Does my landlord have to pay for a hotel if the unit is unlivable?

It depends on the cause, your lease and local rules. In LA, some situations, such as when the city orders tenants to leave for repairs, can trigger relocation or temporary housing obligations. Ask LAHD about your case.