Habitability and Repairs in California Rentals

A California rental must be fit to live in. Civil Code § 1941.1 lists the basics a unit may not substantially lack, such as weatherproofing, hot and cold running water, heating and working lighting, and for leases entered into, amended or extended on or after January 1, 2026, a working stove and refrigerator. If a landlord does not fix an untenantable condition within a reasonable time after notice, Civil Code § 1942 lets the tenant make the repair and deduct the cost from rent, up to one month's rent and no more than twice in any 12 months.

At a glance

What the law says

The habitability standard (§ 1941.1)

A dwelling is untenantable if it substantially lacks any of these:

• Waterproofing and weather protection
• Plumbing and gas facilities
• Hot and cold running water and sewage
• Heating facilities
• Electrical lighting
• Clean, sanitary grounds, free of vermin
• Garbage receptacles
• Floors, stairways and railings in good repair

Stoves and refrigerators (AB 628)

AB 628 (Stats. 2025, ch. 342) added two appliances, effective January 1, 2026. Both apply only to a lease entered into, amended or extended on or after that date.

• Stove: maintained in good working order and capable of safely generating heat for cooking. There is no tenant opt-out for the stove.
• Refrigerator: maintained in good working order and capable of safely storing food.
• A recalled stove or refrigerator does not qualify, and it must be repaired or replaced within 30 days of receiving notice of the recall (§ 1941.1(c)).

The refrigerator has one narrow opt-out. When the lease is signed, landlord and tenant may agree that the tenant supplies and maintains their own refrigerator, but only if all three of these are true:

1. The lease contains a statement in substantially the statutory form, with a checkbox, acknowledging that state law requires the landlord to provide a refrigerator and that the tenant asked to bring their own.
2. The lease lets the tenant, on 30 days' written notice, ask the landlord to install a working refrigerator.
3. The landlord does not make supplying a refrigerator a condition of the tenancy.

The landlord is not responsible for maintaining a refrigerator the tenant owns. The appliance rules do not apply to permanent supportive housing, single-room occupancy units, residential hotels, or units with shared or communal kitchens (§ 1941.1(b)).

Repair and deduct (§ 1942)

When a landlord fails to repair "dilapidations" that make the unit untenantable, the tenant has a self-help remedy:

1. Notice. The tenant gives written or oral notice to the landlord or the landlord's agent.
2. Reasonable time. The landlord does not repair within a reasonable time. A tenant who acts after the 30th day following notice is presumed to have waited long enough. The presumption can be rebutted, and the statute does not stop a tenant from acting sooner "if all the circumstances require shorter notice."
3. Repair and deduct, or vacate. The tenant may pay for the repair and deduct the cost from rent, if the repair costs no more than one month's rent. Alternatively, the tenant may move out, and then owes no further rent and has no other obligations from the date of vacating.

Limits:

• The remedy can be used no more than twice in any 12-month period.
• It is not available if the tenant caused the condition in violation of Civil Code § 1929 or § 1941.2.
• It is in addition to any other remedy under the lease or the law.

Leases cannot waive these rights (§ 1942.1)

An agreement by a tenant to waive or modify rights under § 1941 or § 1942 is void as to untenantable conditions. There are two exceptions: the tenant may agree to repair or maintain all or part of the dwelling as part of the consideration for rent, and a written agreement may provide for arbitration of untenantability disputes.

No rent on a cited substandard unit (§ 1942.4)

A landlord may not demand rent, collect rent, issue a rent-increase notice, or serve a 3-day notice to pay rent or quit if all four of these were true beforehand:

1. The unit substantially lacks a § 1941.1 standard, violates Health and Safety Code § 17920.10, or is substandard under Health and Safety Code § 17920.3 to a dangerous extent.
2. A public officer responsible for enforcing housing law inspected and notified the landlord in writing to abate or repair.
3. The conditions remain unabated 35 days after service of that notice, without good cause. Service is complete when the notice is mailed.
4. The tenant did not cause the conditions in violation of § 1929 or § 1941.2.

A landlord who violates § 1942.4 is liable for actual damages plus special damages of $100 to $5,000, and the prevailing party recovers reasonable attorney's fees and costs. The court may order repairs and keep the case open until they are done. The tenant does not have to try any other remedy first, and the claim may be brought in small claims court if it is within that court's limit.

Disaster damage (SB 610)

SB 610 (Stats. 2025, ch. 547), effective January 1, 2026, added Civil Code §§ 1941.8 and 1941.9. According to the bill's official digest, the landlord must remediate disaster-caused damage within a reasonable time, disaster debris on site is presumed to make the unit untenantable until local public health finds it is not toxic, and the landlord is not required to rebuild. Under § 1941.9, rent is discharged during a mandatory evacuation order for a disaster; rent already paid for that time must be returned within 10 calendar days after the order lifts, or the tenant may deduct it from the next month's rent.

Who it applies to

The § 1941.1 standard and the § 1942 remedy apply to residential rentals generally, including single-family homes and condos. The stove and refrigerator duties have the date rule and housing-type exceptions described above. Conditions the tenant caused in violation of § 1929 or § 1941.2 fall outside repair and deduct and § 1942.4.

What owners should do

• Walk the unit against the § 1941.1 list before each new tenancy, and document its condition with the move-in and move-out checklist.
• For any lease signed, amended or extended since January 1, 2026, confirm the stove and refrigerator work. If the tenant is bringing a refrigerator, use the statutory checkbox statement and the 30-day request clause.
• Check appliances against recall notices and repair or replace a recalled unit within 30 days of notice.
• Give tenants a clear way to report problems and keep a dated log of each request and repair. Notice under § 1942 can be oral.
• Schedule repair visits with written entry notice under Civil Code § 1954 (see landlord entry).
• Keep smoke alarms and carbon monoxide devices working (see smoke and CO alarm rules).
• If a code enforcement officer issues a written notice to repair, treat the 35-day window in § 1942.4 as a hard deadline for rent collection and notices.

What tenants should know

• Report problems to the landlord or agent and keep a copy or note of what you reported and when.
• Repair and deduct is limited to repairs costing no more than one month's rent, twice in 12 months, and only after a reasonable time. Keep receipts.
• A tenant who repairs and deducts under §§ 1941 to 1942 does not lose that right by opting into positive rent reporting. The deduction is not treated as a late payment, but you must notify the landlord before rent is due (Civil Code § 1954.07(k)).
• Complaints about habitability are protected. If you are not in default on rent, Civil Code § 1942.5 bars a retaliating landlord from raising rent, cutting services or recovering possession within 180 days after a good-faith repair notice or complaint (see retaliation, harassment and lockouts).
• A lease clause waiving habitability rights is void, except an agreement to do repairs in exchange for rent or a written arbitration clause.

Step-by-step guides

For the practical side of this rule, see these guides in the California Rental Handbook:

• Bed Bugs and Pest Control in California Rentals
• Handling Maintenance Requests in a California Rental
• Mold in California Rentals: Duties for Owners and Tenants
• The Repairs and Maintenance Clause: Owner and Tenant Duties
• Tenant Alterations, EV Chargers, Satellite Dishes and Clotheslines

Local rules

Some California cities add local housing and code-enforcement rules on top of state law. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents); see the Coronado Rental Guide. Other San Diego County cities may differ; check your city's municipal code.

Recent and upcoming changes

• January 1, 2026: AB 628 adds the stove and refrigerator requirements and the 30-day recall rule.
• January 1, 2026: SB 610 adds disaster remediation and evacuation-rent rules (Civil Code §§ 1941.8, 1941.9).
• January 1, 2027: AB 1892 (Stats. 2026, ch. 169) makes a homeowners association responsible for repairs to restore interrupted gas, heat, water or electric service when the interruption begins in the common area, according to the bill's digest.

This is general information, not legal advice. Laws change; confirm the current text and your situation with a California attorney.

Frequently asked questions

How long does a California landlord have to make repairs?

The statute says "a reasonable time" after notice. For repair and deduct, a tenant who acts after the 30th day following notice is presumed to have waited a reasonable time, but the presumption can be rebutted and a shorter time can apply if all the circumstances require it (Civil Code § 1942(b)). Recalled stoves and refrigerators have their own 30-day deadline from notice of the recall.

Does a landlord have to provide a refrigerator in California?

Yes, for a lease entered into, amended or extended on or after January 1, 2026, unless the tenant opts to bring their own through the statutory checkbox statement in the lease. The landlord cannot make that opt-out a condition of renting, and the tenant can later ask, on 30 days' written notice, for a landlord-supplied refrigerator.

How much can a tenant deduct for repairs?

No more than one month's rent for a single repair, and the remedy can be used no more than twice in any 12-month period. It is not available for conditions the tenant caused in violation of Civil Code § 1929 or § 1941.2.

Can a lease make the tenant responsible for repairs?

A lease cannot waive habitability rights. Civil Code § 1942.1 does allow a tenant to agree to repair or maintain all or part of the dwelling as part of the consideration for rent, and allows a written agreement to arbitrate untenantability disputes.

Can a landlord collect rent while a unit is cited by code enforcement?

Not once all the § 1942.4 conditions are met: an official inspected and gave written notice to repair, the conditions remain unabated 35 days after that notice without good cause, and the tenant did not cause them. From then on the landlord may not demand or collect rent, raise the rent, or serve a 3-day notice to pay rent or quit.

Sources

• Civil Code § 1941.1 (opens in a new tab)
• Civil Code § 1942 (opens in a new tab)
• Civil Code § 1942.1 (opens in a new tab)
• Civil Code § 1942.4 (opens in a new tab)
• Civil Code § 1942.5 (opens in a new tab)
• Civil Code § 1941.9 (opens in a new tab)
• Civil Code § 1954.07 (opens in a new tab)
• SB 610 (2025) bill text and digest (opens in a new tab)
• AB 1892 (2026) bill text and digest (opens in a new tab)

Verified October 19, 2026.