Right to Repairs: California Law Protects Tenants from Unsafe Living Conditions
In California, every tenant has the legal right to live in a habitable rental unit. This right exists even if it’s not written in your lease. Landlords have a duty to maintain their rental properties in a safe, clean, and livable condition at all times. When they fail to do so, they breach the implied warranty of habitability—and you may be entitled to compensation.
At Sedehi Law, we help tenants hold landlords accountable for failing to make necessary repairs. If you’ve reported serious problems and your landlord still hasn’t fixed them, you may have a strong legal claim.
What Is the Implied Warranty of Habitability?
The implied warranty of habitability is a legal requirement that applies to all residential leases in California. It means your landlord is obligated to:
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Maintain the unit in compliance with health and safety codes
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Repair conditions that affect habitability
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Ensure essential services like heat, plumbing, and electricity work properly
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Keep the property free from pests, mold, leaks, and dangerous conditions
This duty continues throughout your tenancy—and landlords cannot contract around it.
When Is a Landlord in Violation?
To bring a claim for breach of the warranty of habitability, tenants generally must prove the following:
1. There Was a Material Defect Affecting Habitability
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The issue must significantly impact your health, safety, or ability to live in the unit.
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Examples include lack of heat, plumbing failures, sewage problems, vermin infestation, or mold.
2. The Condition Was Not Caused by You or Your Guests
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The defect must not result from your own misuse or neglect.
3. The Landlord Was Notified
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You gave your landlord notice of the issue within a reasonable time after discovering it.
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Written notice is best, but verbal notice may still qualify depending on the circumstances.
4. The Landlord Failed to Make Repairs Within a Reasonable Time
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What qualifies as “reasonable” depends on the severity of the issue.
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For most habitability defects, California law allows a reasonable amount of time (typically 30 days) for repairs after notice.
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For urgent conditions, a shorter timeframe may be expected.
You May Be Entitled to Compensation
If your landlord has failed to repair serious issues after you’ve notified them, and the conditions affect your ability to safely live in your home, you may have a claim. California law allows tenants to seek:
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Compensation for living in substandard conditions
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Other legal remedies based on the facts of your case
Talk to a Tenants’ Rights Attorney
Every situation is unique, and the facts matter. At Sedehi Law, we understand how to investigate repair issues, gather evidence, and build strong claims for tenants. If your landlord ignored your repair requests, you don’t have to accept it—and you don’t have to fight alone.
📞 Call us today at (949) 381-1687
💬 Or contact us online for a FREE case evaluation
We fight for tenants—and we only get paid if we win.