In California, a tenant's repair request starts legal clocks even when it is made orally: notice of an untenantable condition can be written or oral (Civil Code § 1942(a)), and, for a tenant who is not in default on rent, a good-faith complaint about tenantability starts a 180-day period in which the landlord may not retaliate (Civil Code § 1942.5(a)). A simple system (written intake, triage, a proper entry notice and a closing record) keeps repairs moving and gives both sides a clear history.

The short version

  • Accept requests in any form, then confirm them in writing; § 1942 notice can be written or oral.
  • Sort each request by urgency: emergency, habitability, routine or tenant-caused.
  • Enter for repairs with reasonable written notice; 24 hours is presumed reasonable (Civil Code § 1954).
  • A tenant who repairs and deducts after the 30th day following notice is presumed to have waited a reasonable time (§ 1942(b)).
  • Do not raise rent, cut services or move to end a tenancy because someone asked for repairs (§ 1942.5).
  • Keep a log of every request, response and repair.

Step 1: Set up intake

The law does not require a particular request method. Section 1942(a) treats written or oral notice to the landlord or the landlord's agent as notice, and an oral complaint about tenantability counts for the retaliation rule (§ 1942.5(a)). That means a phone call can start the clock even if your lease asks for written requests.

Practical intake for owners:

  • Name one channel in the lease (an online portal, an email address or a phone number) and an after-hours number for emergencies.
  • When a request arrives any other way, confirm it in writing the same day: "We received your report about the kitchen faucet on (date)."
  • Give each request a date and a short description in a log.

The bed bug statute adds one written-process duty: the disclosure given to new tenants must describe "the procedure to report suspected infestations to the landlord" (Civil Code § 1954.603). See bed bugs and pest control.

Step 2: Triage

CategoryExamplesTypical response
EmergencyActive water leak, gas smell, no heat in cold weather, a broken entry lock, sewage backupSame day; emergency entry needs no notice
HabitabilityItems on the Civil Code § 1941.1 list: waterproofing, plumbing and gas, hot and cold water, heat, electrical lighting, vermin, floors and railings, and (for leases entered into, amended or extended on or after January 1, 2026) the stove and refrigeratorPrompt repair; the § 1942 clock is running
RoutineA sticking drawer, a dripping faucet, a worn screenSchedule at a convenient time with notice
Possibly tenant-causedDamage from misuse of fixtures, or from a guestRepair, then sort out cost under the lease and § 1941.2

The emergency category is covered in emergency repairs. The full habitability list and remedies are on the habitability and repairs page. Two items have their own timing rules: a recalled stove or refrigerator must be repaired or replaced within 30 days of receiving notice of the recall (§ 1941.1(c)), and the landlord is not liable for an inoperable deadbolt or window lock unless it fails to correct it within a reasonable time after notice (§ 1941.3(b)).

Step 3: Schedule entry the right way

Civil Code § 1954 allows entry to make "necessary or agreed repairs". For a routine visit:

  1. Give reasonable written notice of the date, approximate time and purpose. Twenty-four hours is presumed reasonable; a mailed notice sent at least six days ahead is also presumed reasonable.
  2. Enter during normal business hours, unless the tenant consents at the time.
  3. If the tenant agrees to a repair visit, it can be arranged orally for a date within one week.
  4. Do not use repeated visits to pressure a tenant; § 1954 bars using the right of access to harass.

The full entry rule is on the landlord entry page.

Step 4: Watch the repair and deduct clock

If the landlord does not repair an untenantable condition within a reasonable time after notice, the tenant may repair it and deduct the cost from rent, up to one month's rent, no more than twice in any 12-month period (§ 1942(a)). A tenant who acts after the 30th day following notice is presumed to have waited a reasonable time; the presumption can be rebutted, and the tenant may act sooner "if all the circumstances require shorter notice" (§ 1942(b)). The remedy is not available for conditions the tenant caused in violation of Civil Code § 1929 or § 1941.2 (§ 1942(c)).

For owners, the practical lesson is to respond well before day 30 and to tell the tenant what is happening if parts or a contractor will take longer.

Step 5: Remember the retaliation rule

Under § 1942.5(a), if the tenant is not in default on rent, a landlord may not recover possession, cause the tenant to leave, raise the rent or decrease services in retaliation within 180 days after the tenant, in good faith, gave notice under § 1942, made an oral complaint about tenantability, gave notice of a suspected bed bug infestation, or filed a good-faith complaint with an appropriate agency that the landlord has notice of (among other triggers). A tenant may invoke that subdivision no more than once in any 12-month period (§ 1942.5(b)). A landlord with a genuine, unrelated reason may still act within the 180 days if the notice states that ground, and must prove it at trial if the tenant disputes it (§ 1942.5(g)). Details are on the retaliation, harassment and lockouts page.

Step 6: Close the request in writing

Record what was found, what was done, who did it, the cost and the date. Keep invoices and before-and-after photos. Separate repairs from improvements in your books; IRS Publication 527 advises keeping accurate records of each because you will need the cost of improvements later.

Tenant duties

Civil Code § 1941.2 lists the tenant's side. The tenant must keep their part of the premises clean and sanitary, dispose of garbage properly, use electrical, gas and plumbing fixtures properly, not damage the unit or let others do so, and use rooms for their intended purposes. If a tenant is in substantial violation and that violation substantially contributes to the problem or interferes with the repair, the landlord's repair duty under §§ 1941 and 1942 does not arise. The tenant must also report broken smoke alarms (H&S § 13113.7(d)(2)) and inoperable locks (§ 1941.3(b)).

For owners

Respond to every request, even one you decide is not your responsibility, and say why in writing. Use licensed contractors where the work calls for it. Track how long each repair took; a pattern of slow repairs is something to fix before it becomes a dispute. If you live far from the property, the guide to managing a Coronado rental from afar covers repair approval limits and emergency plans that apply anywhere.

For renters

Report problems promptly and keep a copy of every request, with photos. Use the method your lease names, but know that an oral report still counts as notice under § 1942(a). Let the repair person in after proper notice; refusing lawful entry can itself be a just cause for ending a covered tenancy (Civil Code § 1946.2(b)(1)). Before using repair and deduct, read the § 1942 conditions carefully, and consider talking to a tenant counselor or attorney.

Local rules

Some California cities add their own rules to state law, such as local just-cause, relocation or rental registration requirements, so check your city's code. Coronado has no local rent-control or just-cause ordinance as of October 2026 (based on a review of its code's contents).

Frequently asked questions

Does a tenant have to make repair requests in writing in California?

Not for the repair and deduct remedy: § 1942(a) covers written or oral notice to the landlord or its agent, and an oral complaint about tenantability also counts for the retaliation rule. A lease can ask for written requests, and writing them down is wise for both sides, but an oral report still gives notice.

How long does a landlord have to make repairs?

California law uses "a reasonable time" rather than a fixed number of days. For repair and deduct, a tenant who waits until after the 30th day following notice is presumed to have waited long enough, and may act sooner if the circumstances require it (§ 1942(b)). Recalled stoves and refrigerators have a 30-day deadline from notice of the recall (§ 1941.1(c)).

Can a landlord enter to fix something without the tenant home?

Yes, with reasonable written notice for a necessary or agreed repair, during normal business hours (Civil Code § 1954). Twenty-four hours' notice is presumed reasonable. In an emergency, no notice is needed.

Can a landlord raise the rent after a tenant asks for repairs?

Not in retaliation. If the tenant is not behind on rent, § 1942.5(a) bars raising the rent, decreasing services or moving to end the tenancy in retaliation within 180 days after a good-faith repair complaint. A landlord with a separate good-faith reason must state it in the notice (§ 1942.5(g)).

Who pays for a repair the tenant caused?

The landlord's statutory duty to repair does not arise where the tenant's substantial violation of § 1941.2 substantially contributed to the problem, and the tenant cannot use repair and deduct for it (§ 1942(c)). How the cost is handled is otherwise governed by the lease, and any deposit deduction must follow Civil Code § 1950.5.

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

McKee Properties manages rentals from its Coronado office; contact us with questions about your property.

Sources

Verified October 19, 2026.

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