California · Repairs · Updated Oct 2026
California tenant repair rights
What a landlord in California must keep in repair, how to ask for repairs, whether you can repair and deduct or withhold rent, and the protection against retaliation.
Short answer
The landlord must keep the unit fit to live in (implied warranty of habitability), including weatherproofing, plumbing, hot and cold water, heat, electrical, clean and pest-free premises, trash containers, working locks and smoke detectors.
- Repair and deduct
- Allowed (with conditions)
- Withholding rent
- Allowed (with conditions)
- Notice before entry
- Reasonable (24 hours presumed)
Repairs in California
- The landlord's duty
- The landlord must keep the unit fit to live in (implied warranty of habitability), including weatherproofing, plumbing, hot and cold water, heat, electrical, clean and pest-free premises, trash containers, working locks and smoke detectors. For leases signed, amended or extended on or after January 1, 2026, a working stove and refrigerator are also required (unless you agree in the lease to supply your own refrigerator). Civ. Code §§ 1941, 1941.1.
- How to ask for repairs
- Tell the landlord about the problem, preferably in a dated letter (keep a copy) and with photos. Give a reasonable time to repair: usually 30 days, less for urgent problems like no heat or water.
- Repair and deduct
- Yes. For serious health-and-safety defects you did not cause, after telling the landlord and waiting a reasonable time (usually 30 days, shorter in an emergency), you may pay for the repair and deduct it from rent. Limits: no more than one month's rent per repair and no more than twice in any 12 months. Civ. Code § 1942.
- Withholding rent
- Allowed for serious defects that breach the warranty of habitability (court-made rule, Green v. Superior Court). There is no escrow procedure in the statute; if the landlord sues, the court decides how much rent you owe. Risky: get legal advice first and keep the money set aside.
- Law
- Cal. Civ. Code §§ 1941, 1941.1, 1942, 1942.4
Landlord entry in California
Reasonable written notice, presumed to be 24 hours (if mailed, at least 6 days before), stating the date, approximate time and purpose. Entry only during normal business hours and only for allowed reasons (repairs, showing the unit, emergencies, court order, an inspection you asked for, etc.). No notice is needed in an emergency, if you have moved out, if you agree at the time, or if you orally agreed to a repair visit within one week. Civ. Code § 1954.
Retaliation in California
The landlord may not evict you, raise rent or cut services because you complained about conditions (to the landlord or a government agency), used repair-and-deduct, asked for an inspection, filed a lawsuit, or organized with other tenants. If the landlord acts within 180 days after you did one of these things, retaliation is presumed, as long as your rent is current and you have not used this defense more than once in 12 months. You can recover actual damages, plus $100 to $2,000 for each retaliatory act if the landlord acted with fraud, oppression or malice. Civ. Code § 1942.5.
Get repairs made, step by step
- Write down the problem and take dated photos or video.
- Ask in writing and keep a copy. In California: Tell the landlord about the problem, preferably in a dated letter (keep a copy) and with photos.
- Give the landlord the time the rule allows, and let them in to do the work with proper notice.
- If nothing happens, call your local housing or code inspector and talk to legal aid before you stop paying any rent.
- Keep paying rent unless the rule above lets you withhold it and you follow its steps exactly.
Repair request letter for California
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Where to get free help in California
Questions about repairs in California
How do I ask my landlord for repairs in California?
Tell the landlord about the problem, preferably in a dated letter (keep a copy) and with photos. Give a reasonable time to repair: usually 30 days, less for urgent problems like no heat or water.
Can I repair and deduct the cost from rent in California?
Yes. For serious health-and-safety defects you did not cause, after telling the landlord and waiting a reasonable time (usually 30 days, shorter in an emergency), you may pay for the repair and deduct it from rent. Limits: no more than one month's rent per repair and no more than twice in any 12 months. Civ. Code § 1942.
Can I withhold rent for repairs in California?
Allowed for serious defects that breach the warranty of habitability (court-made rule, Green v. Superior Court). There is no escrow procedure in the statute; if the landlord sues, the court decides how much rent you owe. Risky: get legal advice first and keep the money set aside.
How much notice does a landlord need to enter in California?
Reasonable written notice, presumed to be 24 hours (if mailed, at least 6 days before), stating the date, approximate time and purpose. Entry only during normal business hours and only for allowed reasons (repairs, showing the unit, emergencies, court order, an inspection you asked for, etc.). No notice is needed in an emergency, if you have moved out, if you agree at the time, or if you orally agreed to a repair visit within one week. Civ. Code § 1954.
Can my landlord retaliate if I complain in California?
The landlord may not evict you, raise rent or cut services because you complained about conditions (to the landlord or a government agency), used repair-and-deduct, asked for an inspection, filed a lawsuit, or organized with other tenants. If the landlord acts within 180 days after you did one of these things, retaliation is presumed, as long as your rent is current and you have not used this defense more than once in 12 months. You can recover actual damages, plus $100 to $2,000 for each retaliatory act if the landlord acted with fraud, oppression or malice. Civ. Code § 1942.5.
More for California renters
- All California tenant rights
- Security deposit: California
- Eviction: California
- Guide: how to get your landlord to make repairs
- Landlord entry notice by state
Repairs in nearby states
- California Department of Real Estate, 2026 Landlord Tenant Guide (California Tenants)
- California Department of Real Estate: New laws
- California Courts Self-Help Guide: The eviction process for tenants
- Cal. Civ. Code §§ 789.3, 1946.2, 1950.5 (unofficial copy, California.Public.Law, verified Oct. 2026)
Last checked: Oct 2026.