California Repair & Habitability Laws
California landlords have a statutory duty to maintain rental units in a habitable condition under Cal.
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Key Rules
- Repair And Deduct
- Yes — up to one month's rent, after reasonable notice and failure to repair
- Rent Withholding
- Yes — tenant may withhold rent if unit is uninhabitable, subject to court approval in some cases
- Notice Required
- Reasonable notice to landlord before invoking repair-and-deduct remedy
- Habitability Standards
- Weatherproofing, plumbing, heating, electrical, clean and sanitary conditions, adequate ventilation
Applicable Statutes
Implied warranty of habitability: landlord must maintain the rental unit in a condition fit for human habitation.
Repair and deduct remedy: tenant may make necessary repairs and deduct the cost from rent, up to one month's rent, if the landlord fails to make repairs within a reasonable time.
Damages for breach of habitability: prohibits landlords from demanding rent on a substandard unit and provides for tenant damages when landlord fails to repair cited code violations.
Legal Aid Resources
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