Habitability Issues in Your Rental?
Know Your Tenant Rights in California
Is your home unsafe or unlivable? You have legal rights—and we can help you enforce them.
Under California law, tenants have the right to live in a safe, clean, and fully functional home. When landlords fail to maintain essential health and safety standards—such as addressing mold, leaks, pests, plumbing problems, or other unsafe conditions—tenants may be left in dangerous conditions. This page outlines what makes a home habitable, what steps to take when your landlord refuses to make repairs, and how Tenant Law Group can help.
What Makes a Rental “Habitable” in California?
Under California Civil Code § 1941.1, landlords are legally required to maintain minimum health and safety standards in all rental properties. This includes:
- ● Waterproofing and weather protection.
- ● Working plumbing and access to safe, running water.
- ● Adequate and safe heating.
- ● Proper electrical wiring and fixtures.
- ● Clean, sanitary, and pest-free conditions.
- ● Secure floors, stairs, and railings.
If your home is missing any of these, it may be considered legally uninhabitable, and your landlord must make timely repairs.
Common Habitability Issues Tenants Face
- ● Leaking or broken plumbing (e.g., sinks, toilets, pipes).
- ● Unsafe wiring, exposed electrical components, or lack of working electrical outlets.
- ● Broken windows or doors that don’t lock properly or provide inadequate security.
- ● Damaged or leaking roof or ceilings.
- ● Faulty or missing smoke or carbon monoxide detectors.
- ● Poor or lack of proper ventilation (e.g., in bathrooms or kitchens).
- ● Mold and mildew from moisture or leaks.
- ● Pest infestations (e.g., cockroaches, bed bugs, rodents).
- ● Sewage backup or clogged drains.
- ● Lack of potable (drinkable) water or no access to hot water.
- ● Garbage or waste accumulation due to improper disposal systems.
- ● Non-functional heating system (especially in winter months).
- ● Broken or inefficient air conditioning (in regions where cooling is considered essential).
- ● Lack of electricity or power outages caused by faulty systems.
- ● Gas leaks or issues with gas appliances.
- ● Extreme noise levels (e.g., due to nearby construction or unsafe neighbors) that violate local noise ordinances.
- ● Flooding or standing water inside the unit.
- ● Asbestos exposure, particularly in older units.
- ● Peeling paint or exposed lead paint, especially in older buildings.
- ● Excessive dampness or humidity causing potential health hazards.
- ● Unsafe flooring (e.g., damaged carpet, broken tiles, or loose floorboards).
- ● Unsafe stairways, railings, or walkways.
- ● Elevators that don’t work properly, especially in multi-story buildings.
- ● Poor lighting in hallways, common areas, or entryways, posing security risks.
- ● Non-functional appliances provided by the landlord (e.g., stoves, refrigerators).
- ● Inadequate sanitary facilities (e.g., insufficient toilets or sinks for the number of tenants).
- ● Broken locks or security gates, putting tenant safety at risk.
What to Do If Your Landlord Refuses to Make Repairs
If your landlord is ignoring serious habitability issues, it’s crucial to act quickly—and strategically. Here’s how to protect yourself:
Photos and Videos: Take detailed photos or videos of the habitability issues (e.g., mold, pests, water damage). This visual evidence can support your case if the landlord disputes the problem or delays repairs.
Log of Issues: Keep a written log documenting with the dates when the problems started, your communications with the landlord, and any responses or delays in repair efforts.
Official Testing: If possible get your unit tested for mold and moisture or hire a home inspector to create a report with a list of habitability issues that your unit is currently facing.
Need help? Check out our guide on collecting evidence to support your case.
Send a clear and specific written notice to your landlord or property manager detailing the habitability issues, including any photos, videos, and relevant dates. Be sure to keep copies of all correspondence for your records, as written communication creates a paper trail if the issue remains unresolved. For proper delivery, send the notice via certified mail with return receipt or email with a read receipt to confirm it was received.
If your property has an online portal for submitting maintenance requests, use it to report habitability issues. This often provides an official record of the request. If the property management uses physical maintenance request forms, complete and submit the form. Keep a copy for your records or take a picture of the form before you submit it to the office.
After submitting a written request, follow up with a phone call to your landlord or property management office. Confirm that they received the request and ask for a timeline for repairs. Take notes during the call, including the date, time, and name of the person you spoke with. This can help if the issue isn’t resolved in a timely manner.
Landlords typically have 30 days to fix general issues. For urgent problems like sewage leaks, gas leaks, or no heat, they must act immediately.
If your landlord continues to ignore the problem, contact your city or county’s building or health department. They can send an inspector to evaluate the condition of your home, and if violations are found, issue citations that may strengthen your legal case.
If you live in subsidized housing (such as Section 8), report the issues to your local housing authority. They are responsible for ensuring your unit complies with federal Housing Quality Standards (HQS) and can take action if those standards are not being met.
When to Call 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.)
We’re Here to Help
At Tenant Law Group, we stand up for renters across California who are living in unsafe or unlivable conditions. Whether you’re facing mold, pest infestations, water damage, or landlord retaliation, our team is here to help you protect your rights and restore your peace of mind.
We’ve successfully helped tenants throughout the state enforce their legal protections and pursue financial compensation for the harm they’ve endured due to negligent landlords.
Take Action Today
Don’t wait until your health or safety is at risk. If your landlord won’t fix serious issues in your home, we can help.
Tenant Law Group Legal Aid Directory
If you are a California Tenant dealing with habitability issues and Tenant Law Group is unable to represent you directly, the following legal aid and advocacy organizations can assist.
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 tenant attorney or local tenant advocacy organization for guidance specific to your situation.
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