California Tenant’s Rights: What to Do When Your Landlord Fails to Complete Repairs

As a tenant in California, you have the right to live in a habitable rental property. This means that your landlord is legally obligated to ensure that your rental unit is in a livable condition. However, what happens when your landlord fails to complete necessary repairs? Understanding your rights as a tenant can help you navigate this situation and ensure that you are living in a safe and comfortable environment.

Understanding the Warranty of Habitability

In California, landlords are required by law to provide a habitable living environment for their tenants. This is known as the warranty of habitability. This warranty includes the responsibility to make necessary repairs to maintain the property’s livability. If a landlord fails to uphold this warranty, tenants have several options available to them.

Communicating with Your Landlord

The first step when your landlord fails to complete repairs is to communicate with them. This should be done in writing, either through email or a formal letter. In your communication, detail the necessary repairs and request that they be completed as soon as possible. It’s important to keep a copy of this communication for your records.

Repair and Deduct

If your landlord still fails to make the necessary repairs, you may have the option to “repair and deduct.” This means that you can hire a professional to make the repairs and then deduct the cost from your rent. However, there are certain conditions that must be met for this option to be legal. For example, the repairs must be necessary to correct serious health and safety violations, and the cost of repairs cannot exceed one month’s rent.

Withholding Rent

In some cases, you may have the right to withhold rent until the necessary repairs are made. This is known as “rent withholding.” However, this option should be used with caution, as it can lead to eviction if not done correctly. It’s recommended to consult with a legal professional before choosing this option.

Filing a Lawsuit

If your landlord continues to ignore your requests for repairs, you may have the option to file a lawsuit. This can be done in small claims court if the cost of repairs is less than ,000. In your lawsuit, you can request that the court order your landlord to make the necessary repairs. You may also be able to recover damages for the time you lived in the uninhabitable conditions.

Understanding your rights as a tenant in California is crucial when dealing with a landlord who fails to complete necessary repairs. By knowing your options and taking the appropriate steps, you can ensure that your living environment is safe and comfortable.