By Paul M. Collins, Esq.
How Long Should I Give My Landlord to Fix a Problem Before I Contact Code Enforcement?
When something breaks in your rental home—a heater in winter, a leaking pipe, or a malfunctioning stove—you naturally expect your landlord to fix it promptly. But what happens when days turn into weeks with no repairs? California law provides guidelines on how long landlords have to address these issues and what you can do if they fail to act.
What Does California Law Say About Repairs?
Under California Civil Code § 1941 & § 1941.1, landlords are required to maintain rental properties in habitable condition. This includes ensuring proper plumbing, heating, and electrical systems, as well as addressing conditions that pose health or safety risks.
For urgent issues affecting health or safety—such as no heat during a cold spell or a significant water leak—landlords are generally expected to act within a matter of days. For less critical problems, like a broken cabinet or a dripping faucet, landlords may generally take up to 30 days to fix the problem.
A Real-Life Example
Imagine Sarah, a tenant in Los Angeles, who notices her apartment ceiling is leaking after a heavy rainstorm. She immediately contacts her landlord, who promises to send someone “next week.” Days pass with no response, and the leak worsens, damaging her belongings and creating a moldy smell. Frustrated, Sarah sends a formal written request, but another week goes by without any action.
Sarah’s experience highlights the importance of understanding your rights. If a landlord delays addressing habitability issues like Sarah’s leak, you may have grounds to escalate the issue.
Steps to Take if Repairs Are Delayed
Notify Your Landlord in Writing, Always: Clearly describe the problem and request repairs. Keep a copy of your communication as evidence.
Follow Up: If your landlord doesn’t respond, send a follow-up letter or email. Include photos or videos of the issue to emphasize its urgency.
Contact Code Enforcement: If the problem isn’t resolved within a reasonable timeframe, consider reporting it to your local Code Enforcement office. They can inspect the property and order the landlord to make repairs.
California Tenant Remedies
If your landlord fails to act, California Civil Code § 1942 allows tenants to “repair and deduct” the cost from rent, but this must be done carefully. Tenants can also withhold rent in certain situations but consulting a tenant rights advocate beforehand is highly recommended.
In Sarah’s case, she filed a complaint with Code Enforcement, and an inspector visited her property within days. The landlord was given a deadline to fix the leak, and Sarah’s home was restored. While the process took time, knowing her rights empowered Sarah to take the right steps.
By understanding these California laws and procedures, you can address landlord delays, aggressive neighbors, or harassment confidently. Every tenant deserves a safe, habitable, and peaceful home. If you ever feel stuck, local housing authorities or tenant attorneys can provide the guidance you need.
