Navigating California Tenant Rights: Legal Remedies for Unaddressed Repair Requests 


When you’ve reported serious problems in your rental—like a leaking ceiling, broken heater, or rodent infestation—and your landlord ignores you, it’s not just frustrating. It’s potentially illegal. 

California law requires landlords to fix issues that make a rental unit unsafe or unlivable. But what can you do when they don’t? 

This guide walks you through the legal remedies available when repair requests go unanswered. From withholding rent to filing a lawsuit, you’ll learn what steps you can take to protect your home, health, and rights. 

Not sure what qualifies as a “habitability issue”? 
Read our previous blog, “Understanding Your Tenant Rights: What to Do When Facing Habitability Issues in California Rentals” to learn which conditions may violate California law, and how to document them. 

Legal Remedies for Tenants Under California Law 

If your landlord refuses to make necessary repairs after you have reported them, California Civil Code § 1942 gives tenants several powerful legal tools to protect themselves: 

Repair and Deduct 

You can fix the issue yourself—or hire a licensed professional—and deduct the cost from your rent. 

 Rules to follow: 

  • Must be a valid habitability issue. 
  • Can only do this twice in a 12-month period. 
  • Repair costs must not exceed one month’s rent. 
  • You must have provided written notice to your landlord prior to making the repair of the habitability issue(s) 
  • You must have waited a reasonable time for the landlord to have opportunity to make the repair themself.  
  • You must notify the landlord that you intend to withhold rent due to repair before you start withholding rent.  

Withhold Rent 

If your unit is substantially uninhabitable, you may be able to withhold some or all of your rent until the issue is resolved. 

Caution: This is a legally risky option. If done incorrectly, your landlord could successfully evict you. Strongly consider consulting with a tenant rights attorney before withholding rent. 

Break Your Lease 

In cases where the unit is unlivable and your landlord refuses to act, you may have the legal right to move out without penalty. This is called a constructive eviction—when the landlord’s inaction forces you to leave. 

Before you move out: 

  • Take photos/video of the conditions. 
  • Keep copies of all communications. 
  • Speak to a tenant rights attorney for guidance. 

Sue for Damages 

If you’ve suffered because of your landlord’s neglect—medically, emotionally, or financially—you may be entitled to financial compensation. 

You may be able to recover: 

  • Medical expenses. 
  • Cost of property damage. 
  • Rent paid during uninhabitable conditions. 
  • Emotional distress. 

Landlord Retaliation Is Illegal 

Don’t be afraid to stand up for your rights. California Civil Code § 1942.5 protects tenants from retaliation. If your landlord tries to evict you, raise your rent, or harass you after you report a habitability issue, either orally or to a governmental agency, you could have a claim. 

Examples of retaliation: 

  • Sudden rent increases. 
  • Threats of eviction. 
  • Refusing to renew your lease after you complain. 

When to Contact a Tenant Rights Attorney 

If your landlord still isn’t responding—or retaliates against you—it’s time to speak with a lawyer. Tenant Law Group helps renters across California fight for their rights and seek justice. 

Contact us if: 

  • You’ve notified your landlord and repairs were still not made. 
  • Your home is unsafe and you want to break your lease. 
  • You’ve been harassed or threatened after filing a complaint. 
  • You need help taking legal action for damages. 

Tenant Law Group Is Ready to Help 

At Tenant Law Group, we fight for tenants who are living in unsafe, unlivable, or illegally neglected rental units. We represent clients from all over California and offer services in English and Spanish. 

We’ll help you understand your rights, take action, and fight for the compensation you deserve. 

Call us today at (415) 801-8878 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.