Repairs, Habitability, and Mold in California Rentals

What a Habitable Rental Must Have

Civil Code 1941.1 treats a home as untenantable if it substantially lacks any of these:

• A waterproof roof and exterior walls, with unbroken windows and doors
• Plumbing and gas facilities in good working order
• Hot and cold running water connected to a sewage system
• Heating facilities. State housing rules call for heat that can keep habitable rooms at 70 degrees.
• Working electrical lighting and wiring
• Clean and sanitary buildings and grounds, free of debris, garbage, rodents, and vermin, with adequate trash receptacles
• Floors, stairways, and railings in good repair
• New for 2026: a working stove and refrigerator for leases signed, renewed, or amended on or after January 1, 2026. A tenant may supply their own refrigerator only by checking the agreement in the lease, and can later ask the owner to provide one with 30 days of written notice. Recalled appliances must be repaired or replaced within 30 days of the recall notice.

Tenants have duties too. They must keep their part of the home clean and sanitary, dispose of garbage properly, use fixtures properly, and not damage the property. When a tenant’s own violation causes a problem, the owner’s repair duty under these sections does not apply.

Repair Timelines and Tenant Remedies

• Repair and deduct. After notice to the owner, if a habitability repair is not made within a reasonable time, the tenant may make the repair and deduct the cost from rent, up to one month of rent and no more than twice in 12 months. Thirty days is presumed reasonable, though a shorter time can apply when the problem calls for it. The tenant may instead move out and be released from the rent.
• Code enforcement notices. If a city or county inspector issues a written notice to repair and the problem is not fixed within 35 days without good cause, the owner may not collect or raise rent or serve a notice to pay or quit until it is fixed, and can owe damages of $100 to $5,000.
• Retaliation. For 180 days after a tenant requests repairs, complains to an agency, or takes similar action, an owner may not raise rent, reduce services, or evict in retaliation. The protection applies when the tenant is current on rent and can be used once in 12 months, and an owner can still act for a good-faith reason stated in the notice. Violations can bring actual damages plus $100 to $2,000 for each retaliatory act.
• Emergency versus routine. State law does not set a separate deadline for emergency repairs, but a leak, a gas smell, or a loss of heat or water cannot wait, and the shorter-time rule applies. We treat these as same-day issues.

Mold and Moisture

California treats visible mold growth, as determined by a health or code enforcement officer, as a substandard condition, along with dampness in living areas. Minor mold on surfaces that get wet as part of their normal use, such as a shower, does not count. The state has not set a numeric safe level for indoor mold, so the practical standard is to find and fix the moisture source and clean or remove affected materials.

Most mold problems start as a water problem: a roof or window leak, a plumbing drip, or poor ventilation in a bathroom. Catching those early is the best way to prevent mold, which is why we look for moisture at every inspection.

Bed Bugs and Cooling

• Bed bugs. An owner may not show or rent a vacant unit with a known infestation. New tenants receive the state bed bug information notice, and the owner must share a pest control operator’s findings with affected tenants within two business days.
• Air conditioning. California does not currently require air conditioning or set a maximum indoor temperature for rentals. A 2025 law (SB 655) made a safe maximum indoor temperature state policy, with regulations to follow from 2027. If a home has air conditioning, it should be kept in working order like any other system. Los Angeles County’s cooling rule does not apply in Ventura County.

Related Guides

• Rental Safety Requirements Checklist
• Entry and Rent Increase Notices
• Required Lease Disclosures
• Wildfire, Insurance, and Your Rental

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