California law deems a rental untenantable if it substantially lacks characteristics such as weatherproofing, working plumbing, hot and cold water, heating, electrical lighting, clean and sanitary grounds, trash receptacles, and safe floors and stairs (Civ. Code § 1941.1). For leases entered into, amended or extended on or after January 1, 2026, a working stove and refrigerator are also required, with some exceptions. A tenant may use “repair and deduct” up to one month’s rent, no more than twice in 12 months (Civ. Code § 1942).
What makes a rental legally habitable?
A landlord must put a dwelling into a condition fit for occupation and repair later problems that make it untenantable, other than those the tenant causes. Under § 1941.1 a unit is untenantable if it substantially lacks any of these:
- effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors;
- plumbing and gas facilities that were lawful when installed and are kept in good working order;
- hot and cold running water to appropriate fixtures, connected to an approved sewage system;
- heating facilities that were lawful when installed and are kept in good working order;
- electrical lighting, wiring and equipment in good working order;
- building, grounds and common areas kept clean, sanitary and free of debris, rubbish, garbage, rodents and vermin;
- an adequate number of clean, serviceable garbage and rubbish receptacles; and
- floors, stairways and railings in good repair.
Units that violate Health & Safety Code §§ 17920.3 or 17920.10 (substandard building conditions) are also untenantable. Tenants are responsible for damage they cause through neglect or misuse.
Do landlords have to provide a stove and refrigerator?
Yes, for leases entered into, amended, or extended on or after January 1, 2026 (AB 628). The landlord must provide:
- a stove maintained in good working order and capable of safely generating heat for cooking; and
- a refrigerator maintained in good working order and capable of safely storing food.
A stove or refrigerator under a manufacturer or public recall is treated as unsafe; the landlord must repair or replace it within 30 days of notice. A tenant may choose to bring their own refrigerator if the lease has the statutory acknowledgment, the tenant can switch back on 30 days’ written notice, and the landlord did not require it as a condition of renting. Exceptions apply to permanent supportive housing, single-room-occupancy units, residential hotels, and units with shared or communal kitchens (including assisted living).
Some summaries list AB 628 among 2027 changes, but the statute’s own text makes these requirements effective January 1, 2026. See the 2026–2027 timeline.
What should a tenant do first when something needs repair?
Give the landlord notice — written is best, and the code allows oral notice — describing the problem and when it started. Keep copies and photos. If the problem isn’t fixed within a reasonable time, the tenant may have remedies including repair-and-deduct, moving out, a request for inspection by the local code-enforcement or health agency, or a lawsuit. The state’s tenant guide describes these options in more detail.
How much time does a landlord have to make repairs?
The law says “a reasonable time.” For repair-and-deduct, repairing after the 30th day following notice is presumed reasonable, but a shorter time can be reasonable when circumstances require it (for example, no heat in winter or no running water).
How does “repair and deduct” work?
Under Civil Code § 1942, if the landlord neglects to fix a condition that makes the unit untenantable within a reasonable time after notice, the tenant may make the repair and deduct the cost from rent if the cost is no more than one month’s rent, or may vacate and be released from further rent. The remedy is not available more than twice in any 12-month period, and not when the tenant caused the condition (for example, by violating Civ. Code § 1929 or § 1941.2). Tenants should keep receipts and tell the landlord in writing before deducting.
When may a landlord enter to make repairs?
Landlords may enter only in the cases listed in Civ. Code § 1954(a) — for example an emergency, necessary or agreed repairs, showing the unit to buyers, lenders, tenants or contractors, or a court order. Otherwise the landlord must give reasonable written notice stating the date, approximate time and purpose, and enter during normal business hours. Twenty-four hours is presumed reasonable; a notice that is mailed at least six days before the entry is also presumed reasonable. No notice is required in an emergency, if the tenant is present and consents, or after the tenant has abandoned the unit. The landlord may not abuse the right of access or use it to harass the tenant.
Can a landlord retaliate against a tenant who complains?
No. If a tenant who is not in default on rent has lawfully exercised rights such as giving notice of a repair problem or complaining to an agency about habitability, the landlord generally may not raise the rent, decrease services, cause the tenant to quit involuntarily or recover possession for 180 days afterward (Civ. Code § 1942.5(a)). A tenant who is retaliated against can recover actual damages, and punitive damages of $100 to $2,000 per retaliatory act for fraud, oppression or malice, plus attorney’s fees to the prevailing party. The section does not stop a landlord from acting for a lawful cause, and the notice must state the ground the landlord relies on in good faith.
Frequently asked questions
Does my lease have to include a stove and refrigerator?
For leases entered into, amended or extended on or after January 1, 2026, the landlord generally must provide a working stove and refrigerator, unless an exception applies (for example, a residential hotel, SRO, or shared-kitchen housing). A tenant may agree to supply their own refrigerator if the lease contains the statutory acknowledgment.
Can a tenant withhold rent for repairs?
California’s statutory remedy is repair-and-deduct (up to one month’s rent, twice in 12 months), not withholding all rent. Courts also recognize a “warranty of habitability” defense in some cases. Tenants and landlords should get legal advice before relying on rent withholding.
Who pays for pest control?
Generally the landlord is responsible for keeping the building free of rodents and vermin, while a tenant who causes an infestation may be responsible for it. Landlords must also give new tenants the pest-control notice for any periodic service contract. See our forms page.
Does a stove or refrigerator under recall count as working?
No. A recalled stove or refrigerator is not considered capable of safely heating food or storing food, and the landlord must repair or replace it within 30 days of notice.
Which official sources should I read?
- Civ. Code § 1941.1 (untenantable dwelling; as amended by AB 628)
- Civ. Code § 1942 (repair and deduct)
- Civ. Code § 1954 (landlord entry)
- Civ. Code § 1942.5 (retaliation)
- California Tenants guide — repairs and habitability (DRE, 2026 edition)
This guide is general information about California law as of Nov 13, 2026, and local ordinances may be stricter. Check the linked sources or consult a qualified attorney. Read the disclaimer.
Have a question about your situation, want tips, or need a referral? Email the CLRC team at [email protected]. We share general information, not legal advice, and we’re not a law firm.