California Repairs & Tenant Remedies
California rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice (presumed 30 days), the tenant may repair and deduct the cost, up to one month's rent, or move out. Cal. Civ. Code § 1942
The rules in California
| Repair and deduct | If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice (presumed 30 days), the tenant may repair and deduct the cost, up to one month's rent, or move out. The remedy may be used no more than twice in any 12-month period. Not available if the tenant caused the condition (§§ 1929, 1941.2). Untenantable conditions are defined in § 1941.1. Source: Cal. Civ. Code § 1942 |
|---|---|
| Withholding rent | By statute, a landlord may not demand or collect rent, raise rent, or serve a 3-day pay-or-quit notice when all of these are true: the unit is substantially substandard, a housing inspector has given the landlord written notice to repair, and the conditions remain unabated 35 days later without good cause. The tenant can recover actual damages plus $100 to $5,000 in special damages and attorney's fees. Source: Cal. Civ. Code § 1942.4 |
| Landlord retaliation | A landlord may not evict, raise rent, or reduce services within 180 days after the tenant, in good faith, gives a repair notice under § 1942, reports a suspected bed bug infestation, complains about habitability, complains to a housing agency, or takes part in a related inspection, lawsuit, or arbitration. This applies only if the tenant is not behind on rent, and a tenant may invoke it once per 12 months. Retaliation for organizing or joining a tenants' association, or for exercising other legal rights, is also unlawful. Threatening to report a tenant to immigration authorities counts as retaliation. Remedies include actual damages plus punitive damages of $100 to $2,000 per retaliatory act for fraud, oppression, or malice (§ 1942.5(h)). Source: Cal. Civ. Code § 1942.5 |
Related questions
California vs. neighboring states
| State | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| California | If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice (presumed 30 days), the tenant may repair and deduct the cost, up to one month's rent, or move out. The remedy may be used no more than twice in any 12-month period. Cal. Civ. Code § 1942 | By statute, a landlord may not demand or collect rent, raise rent, or serve a 3-day pay-or-quit notice when all of these are true: the unit is substantially substandard, a housing inspector has given the landlord written notice to repair, and the conditions remain unabated 35 days later without good cause. The tenant can recover actual damages plus $100 to $5,000 in special damages and attorney's fees. Cal. Civ. Code § 1942.4 | A landlord may not evict, raise rent, or reduce services within 180 days after the tenant, in good faith, gives a repair notice under § 1942, reports a suspected bed bug infestation, complains about habitability, complains to a housing agency, or takes part in a related inspection, lawsuit, or arbitration. This applies only if the tenant is not behind on rent, and a tenant may invoke it once per 12 months. Retaliation for organizing or joining a tenants' association, or for exercising other legal rights, is also unlawful. Threatening to report a tenant to immigration authorities counts as retaliation. Cal. Civ. Code § 1942.5 |
| Arizona | Allowed for minor defects. The reasonable repair cost must be less than $300 or one-half of the monthly rent, whichever is greater. After written notice, if the landlord does not comply within 10 days (or sooner in an emergency), the tenant may have a licensed contractor do the work. The tenant then deducts the actual, reasonable cost from rent after giving the landlord an itemized statement and a lien waiver. A.R.S. § 33-1363 | A tenant may not withhold rent for any reason not authorized by the Act. Authorized offsets are the § 33-1363 repair deduction and the § 33-1364 essential-service deductions or substitute housing. In a nonpayment eviction, the tenant may counterclaim for the landlord's noncompliance, and the court may order rent paid into court. A.R.S. §§ 33-1368(B), 33-1364, 33-1365 | A landlord may not raise rent, decrease services, or bring or threaten an eviction after the tenant (1) complained to a building or housing code agency about a health or safety violation, (2) complained to the landlord about a § 33-1324 maintenance violation, (3) organized or joined a tenants' union, or (4) complained to a wage-price stabilization agency. A complaint within 6 months before the alleged retaliation creates a presumption of retaliation. A.R.S. § 33-1381 |
| Nevada | Allowed for minor defects: if the reasonable repair cost is less than $100 or one month's rent, whichever is greater, the tenant may give written notice; if the landlord does not use best efforts to comply within 14 days, the tenant may repair and deduct. Limited to $100 or one month's rent (whichever is greater) in any 12-month period. For failure to supply essential services, the tenant may procure them and deduct actual and reasonable cost after written notice and 48 hours (excluding weekends/holidays). NRS 118A.360; NRS 118A.380(1)(a) | Allowed. For habitability failures not remedied within 14 days of written notice, the tenant may withhold rent without late fees until the landlord remedies or attempts in good faith to remedy (justice courts must provide an escrow mechanism). For failure to supply essential services not remedied within 48 hours (excluding weekends/holidays) of written notice, the tenant may withhold rent that comes due during the noncompliance. NRS 118A.355(1)(d), (5); NRS 118A.380(1)(c), (3) | Landlord may not terminate/refuse to renew, raise rent, decrease essential services, or bring or threaten a possession action because the tenant in good faith complained of building/housing/health code violations, complained to the landlord or law enforcement of a violation of Ch. 118A or a criminal statute, organized or joined a tenants' union, instituted or defended a habitability proceeding, filed a fair housing complaint, or is a victim of domestic violence, harassment, sexual assault or stalking (among other listed acts). Tenant gets NRS 118A.390 remedies and a defense to a retaliatory possession action. NRS 118A.510 |
| Oregon | Minor habitability defects repairable for not more than $300: tenant gives written notice with a repair date at least 7 days out; may then have a qualified person repair and deduct up to $300 with a written cost statement. Tenant may not do the work personally. For essential services, tenant may buy substitute services and deduct cost (ORS 90.365). ORS 90.368; ORS 90.365 | No general rent-withholding statute. Remedies for landlord noncompliance: 30-day termination notice if not cured within 7 days (essential services) or 30 days (other); damages; injunction; for essential-service failures, substitute services/deduct, diminished-rent damages, or substitute housing with rent excused. ORS 90.360; ORS 90.365 | Landlord may not raise rent, reduce services, serve a termination notice, or sue for possession because the tenant complained to a government agency, made a good-faith complaint to the landlord, joined a tenant organization, testified against the landlord, or successfully defended a possession action within the previous 6 months. Tenant has a defense and the ORS 90.375 remedies. ORS 90.385 |
City rules that may add to state law
- Anaheim
- Bakersfield
- Berkeley
- Fresno
- Glendale
- Long Beach
- Los Angeles
- Mountain View
- Oakland
- Pasadena
- Riverside
- Sacramento
- San Diego
- San Francisco
- San Jose
- Santa Ana
- Santa Monica
- West Hollywood
More California rental law
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- California Rent Increase & Late Fee Laws
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- Squatters' Rights in California
- California Rental Fee Rules
- California Section 8, Records & Right to Counsel
- California Mold, Pests, Heat & AC Rules
- California Privacy, Guests & Animal Rules
- California Landlord Selling the House
- California Lockouts, Utility Shutoffs & Retaliation
- California Subletting, Lease Endings & Tenant Death
- All California landlord-tenant rules
- Free legal help in California
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California Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in California?
If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice (presumed 30 days), the tenant may repair and deduct the cost, up to one month's rent, or move out. The remedy may be used no more than twice in any 12-month period. (Cal. Civ. Code § 1942)
Can a tenant withhold rent for repairs in California?
By statute, a landlord may not demand or collect rent, raise rent, or serve a 3-day pay-or-quit notice when all of these are true: the unit is substantially substandard, a housing inspector has given the landlord written notice to repair, and the conditions remain unabated 35 days later without good cause. The tenant can recover actual damages plus $100 to $5,000 in special damages and attorney's fees. (Cal. Civ. Code § 1942.4)
Can a landlord retaliate against a tenant for complaining in California?
A landlord may not evict, raise rent, or reduce services within 180 days after the tenant, in good faith, gives a repair notice under § 1942, reports a suspected bed bug infestation, complains about habitability, complains to a housing agency, or takes part in a related inspection, lawsuit, or arbitration. This applies only if the tenant is not behind on rent, and a tenant may invoke it once per 12 months. Retaliation for organizing or joining a tenants' association, or for exercising other legal rights, is also unlawful. Threatening to report a tenant to immigration authorities counts as retaliation. (Cal. Civ. Code § 1942.5)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.