Compared to those in the other 49 states, California renters rights are some of the best. The Golden State is a tenant-friendly place to rent, as landlords are legally responsible to make repairs so the rental meets both state and local health and building codes. As long as the damage was not caused by the tenant, tenant’s relatives, guests, or pets, landlords are on the hook for taking care of the issue. Let’s take a deeper dive into your California tenant rights so you can get those repairs done.
Habitability
An apartment’s habitability means that the rental meets certain cleanliness, amenity, and condition standards. All rentals in California must be habitable, or able to be lived in, and it’s up to landlords to provide maintain the rental’s condition. Check out this extensive habitability checklist, but below is a quick snapshot of what tenants are guaranteed:
- Adequate waterproofing
- Plumbing for hot water, cold water, and sewage
- Working gas facilities
- Working heating system
- Working electric system including lights and wires
- Sanitary building
- Trash bins
- Proper floors, stairways, and handrails
- Free of mold and indoor pollutants
Even if an apartment lacks one of the above items, tenants still have to do their part. A landlord may not be held legally responsible for the repairs if the tenant does not:
- Keep the unit clean
- Use gas, electricity, and plumbing equipment properly; for example, overburdening electrical outlets, flushing objects down the toilet, allowing equipment to become filthy
- Dispose trash
- Make sure the building’s structure remains intact
- Use a room for its intended use; for example, a bedroom cannot be used as a kitchen
- Notify the landlord if the front door deadbolt or window locks are not functioning
Types of Remedies and Actions
Landlords must be notified about the repairs orally or in writing within a reasonable timeframe. Generally, 30-days’ notice is considered reasonable on average, but two-days’ notice for furnace repairs is reasonable during extreme cold. After the problem has been documented, your landlord must make the repairs or you can take one of the following actions.
Repair and Deduct
If the landlord does not personally fix the issue or hire someone for the repairs, the tenant can deduct the repair costs from their monthly rent. Here are the requirements for this type of remedy:
- Repair must cost less than one month’s rent
- The tenant can request repairs under this remedy twice within 12-months
- Caution: if the damage is not deemed serious enough, the landlord can request the tenant pay the deducted rent, or file an eviction for the tenant not paying rent; in this scenario, the landlord can even request an increase in rent, known as retaliatory eviction
Abandonment
Tenants can take if their landlord refuses to fix the problems documented. Essentially, the tenant can move out of the apartment without being held liable for breaking a lease or not paying rent. Here are some stipulations involved with this action:
- Repairs must cost more than one month’s rent
- The tenant should notify the landlord in writing about the issues, return the rental keys, move out, and keep a copy of the notification sent to the landlord for a personal record
- Before moving out, take photos of the damage and potentially hire an inspector to write a report in case your landlord takes legal action
- Caution: if the repairs aren’t deemed serious enough to affect your health and safety, you will be found at fault for abandonment
Withholding Rent
The state of the apartment repairs must be extreme and more serious than for either “repair and deduct” or “abandonment”. Examples of this may include:
- Collapsed ceiling
- Continual rodent infestation
- Lack of heat in four or more rooms
- Plumbing blockages
- Exposed and faulty wiring
- Illegally installed appliances
If one of the two rooms is uninhabitable, the tenant can withhold 50% of the rent. It is advised that the tenant deposit the withheld rent into an escrow account for a few reasons:
- The case will likely go to court, so this will ensure the tenant still has the money to pay
- The escrow account proves to the judge that the tenant did not withhold rent to purposefully avoid paying money
- Many lawyers will only represent clients who have deposited their rent into an escrow account
- Caution: the landlord may give the tenant an eviction notice to pay rent within three days or to vacate the unit
Lawsuits
In extreme cases, tenants can sue a landlord for damages without first trying any of the above remedies. A housing inspector must declare the unit uninhabitable, and the tenant must prove that the landlord failed to repair the unit within 35 days of receiving notification from the housing inspector.
As a California renter, you have specific tenant rights that exist to protect you. To get more information, you can contact the tenant rights hotline for one-on-one phone counseling. If you eventually find that you need to move out because of habitability issues, you can search for a new apartment that meets the standard living condition requirements you deserve.
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