Understanding Your Tenant Rights: What to Do When Facing Habitability Issues in California Rentals
Living in a clean, safe, and functional home is a fundamental right for every California tenant. State law requires landlords to keep rental units habitable—but when they don’t, tenants often suffer dangerous, unhealthy conditions.
This guide breaks down what habitability means under California law, common problems tenants face, and the steps you can take to protect your health, home, and legal rights.
What Makes a Home “Habitable” in California?
Under California Civil Code § 1941.1, a habitable rental unit must meet specific health and safety standards. Let’s look at what those requirements are—and the problems tenants often face when landlords fail to meet them:
1. Waterproofing and Weather Protection
Legal Requirement: Units must be sealed from wind, rain, and pests with intact roofs, doors, and windows.
Common Issues: Leaky roofs, cracked windows, or doors that won’t close or lock properly.
2. Working Plumbing and Running Water
- Legal Requirement: Plumbing must function properly with safe hot and cold water access.
- Common Issues: Persistent leaks, non-flushing toilets, sewage odors, no hot water, or rusty tap water.
3. Adequate Heating
Legal Requirement: Rentals must have a safe, working heating system
Common Issues: Broken heaters, dangerously cold temperatures, or unsafe space heater use.
4. Safe Electrical Systems
Legal Requirement: Wiring, outlets, and fixtures must be in good condition and pose no fire or shock hazard.
Common Issues: Flickering lights, sparks, exposed wires, broken outlets, or frequent power outages.
5. Clean, Sanitary, and Pest-Free Conditions
Legal Requirement: Units and common areas must be kept clean, with prompt pest control and regular garbage removal.
Common Issues: Mold from leaks, rodent or insect infestations, overflowing trash cans, or unsanitary shared spaces.
6. Safe Floors, Stairs, and Railings
Legal Requirement: Floors, stairs, and railings must be secure and properly maintained.
Common Issues: Loose handrails, torn carpet, damaged steps, or trip hazards.
If your unit has any of these issues, it may be legally uninhabitable—and your landlord is required by law to make timely repairs.
What to Do When Your Landlord Won’t Make Repairs
If your home is unsafe, don’t wait. Follow these key steps to protect your health and your rights.
Document Everything
Take photos and videos of the problems. Note the date, location, and impact (e.g., illness, property damage, or restricted use of space).
Pro tip: Keep a log of symptoms or repairs in a notebook or app.
Need help? Follow our practical guide to documenting issues and gathering strong evidence.
Notify Your Landlord in Writing
Give your landlord written notice describing the issue. Include photos and give a reasonable deadline for repairs. Send it via certified mail or email with read receipts.
Allow Reasonable Time to Respond
By law, landlords usually have 30 days to fix non-urgent problems. For urgent issues like no heat or a sewage backup, they should act immediately.
Seek Assistance from Local Authorities
Still no response? Consider calling your city or county’s building or health department. An inspector may issue a violation notice, which can support your legal case.
When to Contact a Tenant Rights Attorney?
Not sure what to do next? If you’re dealing with unsafe conditions and your landlord won’t act—or retaliates—it’s time to speak with a lawyer.
- You should get legal help if:
- Repairs still haven’t been made after written notice.
- You’ve developed health problems due to the issue.
- You’re facing eviction or harassment after requesting repairs.
- You want to break your lease but aren’t sure how to do it legally.
- You’re concerned that calling code enforcement will lead to your unit and/or building being red-tagged (as in, subject to a government order to vacate.)
Tenant Law Group is Here for You
At Tenant Law Group, we help renters across California stand up to negligent landlords. Whether you’re dealing with leaks, mold, pests, or retaliation, we’re here to protect your rights—and fight for a safe, habitable home.
Ready to take action?
Call us today at (888) 510-7511 or click Get Stated to fill out our intake form.
Disclaimer: This page provides general information about landlord-tenant laws in California and is not intended as legal advice. We encourage you to consult with a qualified attorney or local tenant advocacy organization for guidance specific to your situation.
