What are my rights?

Your landlord is obligated to maintain the residence you rent in habitable condition. For example, the place should be free of rats and cockroaches. You should have heat and hot water, and the conditions should not create a health or safety hazard for you or other tenants, including children.

What should I do about the bad conditions in my unit?

1. You should notify your landlord in writing of any repair needs.

2. Call your City Code Enforcement and request an inspection. For infestations, call County Vector Control. We do not recommend calling if your unit is unpermitted or if calling could lead to your unit getting condemned. If you are unsure about whether your unit is unpermitted, speak with a legal services provider before calling Code Enforcement or Vector Control.

3. If there are violations in your unit, the landlord will receive a notice ordering him or her to make repairs. You should request a copy of the inspection report.

4. Consider a small claims or civil lawsuit if your landlord refuses to make required repairs.

Do not withhold rent:

It is very risky to withhold rent due to bad living conditions. You may wind up defending yourself in court trying to avoid eviction. It is less risky to take the actions listed above to get repairs made.

What if my landlord retaliates against me?

It is unlawful for a landlord to retaliate against or harass a tenant for exercising his or her rights. Any attempt to evict you or raise your rent in response to a request for repair or inspection would violate California law. Landlord retaliation may be a defense to an eviction.

When do I have to give my landlord access to the unit to make repairs?

Unless there is an emergency, your landlord must provide at least 24 hours’ written notice of his or her intent to enter your unit. The notice must include the date, approximate time, and reason for the entry. If you do not receive such notice, you may refuse entry to the landlord. If the repairs are so extensive that you have to temporarily move out, your landlord is required to provide relocation assistance.

Please note: This information does not create an attorney-client relationship and does not constitute legal advice. This is a non-exhaustive explanation of CA housing legal rights and remedies. If you need assistance in finding a lawyer, contact Centro Legal de la Raza. Last updated January 2023.