Does my landlord have to pay for repairs?
What does my landlord need to fix?
According to California Civil Code Section 1941, your landlord must provide tenants with a habitable living space and repair any issue that might damage that space or make it unlivable. The only exception is if the issue was caused by a tenant, a member of their family, or a guest.
It is up to you, the tenant, to report any damage to your landlord as the repairs are needed. You should do this through the information that your lease agreement should have provided you.
The following are examples of what is required for a unit to be habitable:
- Sufficient waterproofing.
- Plumbing for hot and cold water as well as sewage.
- Functional gas facilities, heating, and electrical systems.
- Proper floors, stairs, and rails.
- A sanitary building.
- Without mold or other pollutants.
See our post on slum housing conditions for more information about what hazards might compromise a living space. Additionally, see our post on flood damage for more information.
When might my landlord not have to repair an issue?
The landlord does not need to repair the issue if it was caused by a tenant, a member of their family or a guest. On top of that, the landlord might not be legally responsible if the tenant does not:
- Maintain a clean unit, including disposing of trash and other waste.
- Use equipment and systems properly, like gas, electrical, and plumbing systems.
- Ensure that the internal structure of the unit remains sound.
- Notify the landlord if essential functions of the unit are not working.
What remedies exist for tenants?
If your landlord refuses to perform necessary repairs, tenants may resort to any of the following options.:
- Withhold rent.
- Move out without notice.
- Exercise “repair and deduct” rights.
- Sue the landlord.
Rent Withholding Remedy to Required Repairs
The tenant is legally allowed to withhold rent if their landlord does not make necessary repairs. If you exercise this remedy, do not spend the money you withheld. You should deposit this money in an escrow account or speak with a lawyer about how to proceed.
Repair and Deduct Remedy to Required Repairs
If the landlord refuses to make repairs, you can deduct up to one month’s rent to pay for the repairs if they are causing the space to be unlivable. To check if this is true, you should speak with one of our experienced tenants’ lawyers before making the decision to deduct your rent and repair the damage yourself. You should be careful because if you wrongly withhold payment, you may be evicted.
Abandonment Remedy to Required Repairs
If the repairs would cost more than one month’s rent, you can move out of the unit to protect yourself from the unlivable conditions.
How to Seek Remedy for Required Repairs?
You should seek help from tenants’ rights attorneys such as the ones here at Tenants Law Firm. Contact us by calling (310) 432-3200 or by using this form.