Habitability and Repairs in California

Civil Code §1941.1 lists the conditions that make a dwelling untenantable. A unit must have:

• Effective weather protection — unbroken roof, exterior walls, windows, and doors.
• Plumbing and gas facilities in good working order, maintained to the standard in effect when installed.
• A water supply capable of producing hot and cold running water, with proper fixtures and a connection to a sewage system.
• Heating facilities in good working order.
• Electrical lighting and wiring in good working order.
• Grounds and common areas kept clean, sanitary, and free of debris, vermin, and rodents.
• Adequate trash receptacles in good repair.
• Floors, stairways, and railings maintained in good repair.
• A working deadbolt on the main entry door, and window security devices on ground-floor and accessible windows.
• Smoke alarms and, where required, carbon monoxide alarms.

The landlord's duty is triggered by notice of the defect. The tenant should report problems in writing; the landlord then has a reasonable time to fix them. What is reasonable scales with severity — 30 days is the common yardstick for ordinary repairs, but no heat in January or a sewage backup is a same-day problem.

The warranty does not cover damage the tenant caused, and a tenant who creates the condition cannot rely on it.

Repair and deduct. After notice and a reasonable time, a tenant may arrange the repair and deduct the cost from rent, up to one month's rent, no more than twice in any 12-month period.

Rent withholding. For serious habitability breaches a tenant may withhold rent, though this is risky and typically ends up litigated as a defense in an unlawful detainer.

Code enforcement. A tenant may report the condition to the local building or health department. Once that happens, a termination notice served within six months is presumed retaliatory.