Includes a template for requesting repairs
This article explains the responsibilities of California landlords to make necessary repairs, the process for tenants to request repairs, and the remedies available if landlords fail to comply.
Your landlord is responsible for making certain repairs and doing so within a reasonable period of time. But what repairs must they make and what is a reasonable time? If your landlord refuses to make a repair, do you have any recourse?
In this article, we’ll answer your questions about your landlord’s responsibility to make repairs in California and provide you with the tools you need to live comfortably.
What does my landlord have to repair?
Living comfortably in California means knowing what repairs your landlord is responsible for and how quickly they should be made.
According to California law, your landlord must ensure that your rental unit is habitable. This means they are responsible for repairing any issues that make the unit unfit for living. These repairs include fixing substantial defects and complying with state and local building and health codes. However, keep in mind that if you or your guests cause the damage, your landlord isn’t responsible for fixing it.
Examples of necessary repairs include:
- Effective waterproofing and weather protection of the roof and exterior walls.
- Plumbing facilities in good working order, including hot and cold running water.
- Gas facilities in good working order.
- Heating facilities in good working order.
- An electrical system that is safe and functional.
- Working smoke detectors and carbon monoxide detectors as required by code.
- Working toilets, wash basins, and bathtubs or showers with proper ventilation and privacy.
- Floors, stairways, and railings in good repair.
- Safe fire or emergency exits.
- Operable deadbolt locks on main entry doors and locking devices on windows.
- Adequate trash receptacles.
- A locking mailbox consistent with USPS standards.
To establish a violation of the implied warranty of habitability, tenants need to provide evidence of the defects requiring repair. If you ultimately pursue legal action, it’s beneficial to have photographs or videos of the defects, statements from witnesses, and copies of any written communication notifying the landlord of the issue. To be safe, begin documenting any issues as soon as they arise.
How long does my landlord have to make a repair?
So, you’ve identified an issue—how long should you wait for it to be fixed?
California law typically considers 30 days to be a reasonable time for most repairs. However, if the problem is urgent—like a broken heater in the winter or a severe plumbing issue—the repair should be done much sooner, sometimes within a day or two. The exact timeframe can vary based on the severity of the issue and the availability of repair services.
Learn more about California landlord-tenant laws, including security deposits and when your landlord can withhold them.
How should I request a rental repair in California?
When you need a repair, it’s important to inform your landlord properly. Here’s a step-by-step guide to making your repair request:
- Write a clear request: Describe the issue in detail, including what needs to be fixed and how it affects your living conditions. Be specific and factual.
- Document the problem: Take photographs or videos of the issue to provide visual evidence of the defect.
- Send the request in writing: Although you can inform your landlord orally, it’s best to put your request in writing. Send the letter via certified mail with a return receipt requested or deliver it personally and get a signed receipt. This ensures you have proof that your landlord was notified.
Here’s a sample notice requesting repairs:
[Sender’s name]
[Sender’s address]
[Date written]
[Landlord’s name]
[Landlord’s address]
RE: NOTICE REQUESTING REPAIRS
Dear [Landlord’s name],
This is to notify you that the rental unit at [rental unit address] that you manage and I occupy needs repairs for the following defects:
[list all defects that need repair]
According to California law, specifically Green v. Superior Court and sections 1940 through 1954.1 of the California Civil Code, you are required to make repairs that affect the habitability of the rental unit. If the repairs are not completed within a reasonable time, I intend to use the legal remedies available under California law.
Sincerely,
_________________________
(Tenant’s signature)
What are my options if my landlord refuses to make a repair?
If your landlord fails to make necessary repairs, you have several options:
- Repair and deduct: If your landlord fails to make necessary repairs within a reasonable amount of time after being notified, you can hire a professional to make the repairs and deduct the cost from your rent. This remedy is limited to defects that threaten your health or safety and do not cost more than one month’s rent. You should keep all receipts and provide the landlord with written notice of the deduction.
- Withholding rent: You can withhold rent if your landlord fails to repair serious conditions affecting health and safety after being notified. You should document the issue with photographs, videos, and written records.
- Abandonment: If the rental unit becomes uninhabitable and your landlord fails to make necessary repairs after notice, you may move out and terminate the lease. This remedy is typically used for severe conditions that significantly affect health and safety.
- Filing a lawsuit: You can sue your landlord for damages resulting from uninhabitable conditions. The damages available may include reimbursement for repair costs, rent reduction, and compensation for any losses or inconvenience suffered.
- Contact local authorities: You can report uninhabitable conditions to the California Department of Consumer Affairs. The agency has the authority to inspect the property and order the landlord to make necessary repairs.
- Mediation and arbitration: Tenants and landlords can agree to resolve disputes through mediation or arbitration, which can be quicker and less adversarial than going to court. Some rental agreements include clauses for mediation or arbitration, and local tenant associations or legal aid organizations can assist with these processes.
As a tenant, understanding your rights and the processes for requesting repairs can help ensure your home remains safe and comfortable. Always document issues thoroughly and follow the proper steps to communicate with your landlord. If necessary, know that you have several remedies available to address unfulfilled repair obligations.
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