Housing Conditions and Repairs

What is a “habitable” home?

• A safe and sanitary place to live!
• Meets building code AND provides “bare living requirements”
• A place is NOT habitable if it has substantial problems with:
  • Damp/leaking ceiling/walls
  • Leaking plumbing/drainage
  • Holes in walls/floor/carpet
  • Presence of visible mold
  • Rats/roaches/insects
  • Falling plaster/peeling paint
  • Defective electrical wiring
  • Lack of/inadequate heat
  • Missing/broken windows
  • Lack of/inadequate hot water
  • Missing/broken smoke detectors
  • Inadequate trash collection
  • Unsafe stairs/railing
  • Inadequate security/locks
  • Broken stove/ refrigerator
• ALL tenants in California have the right to a safe and sanitary home, including repairs!

What should I do if my home is NOT habitable?

• If it is not habitable when you move in, the landlord must make all
  repairs as long as they are charging you rent.
• If it becomes not habitable after moving in, ask your landlord to
  make repairs in WRITING using this letter Repair Request Sample Letter
  and send it through certified mail. Keep a copy for yourself.
• Take pictures of all the problems and save them.
• Call the local code enforcement agency to inspect your home.
  The inspector will send your landlord a written report of
  sub-standard living conditions found in your unit. You must allow
  your landlord or their repair person access to the unit to fix
  existing problems. If the landlord fails to make repairs within 35
  days of reporting, you can take the landlord to small claims court.
  *NOTE: In some counties, code enforcement may be maintained through
  other agencies, such as law enforcement.

My landlord is refusing to do repairs. Now what?

• Small claims lawsuit – do the repairs yourself and take your
  landlord to small claims court for the costs
• Repair and deduct – you can repair certain conditions yourself
  and deduct the cost from your rent. The law requires specific
  documentation, so we recommend you seek legal aid in the case
  that you receive an eviction notice!
• Rent withholding (individually or collectively) – should be used
  as a last resort because the landlord may try to evict you! You
  should not withhold rent until you talk to a lawyer! This is most
  successful if you can get all tenants in the building to participate.
  

Can my landlord evict me if I ask for repairs? What if they get upset?

• If you assert your rights to habitable housing to the landlord, and
  a landlord threatens to evict you, increase your rent, or take
  negative action against you within 180 days of having done so,
  the landlord is presumed to be engaging in retaliation.
  • Retaliation is ALWAYS prohibited!
  • Respond to your landlord with this Retaliation Sample Letter
• If your landlord continues pressuring you to leave, learn more
  about your rights against eviction at bit.ly/tt-evictions-pdf. The
  only person that can remove you from your home is the sheriff!
  

Get organized!

• Tenants Together is aware that these protections are NOT
  enough! Talk to your neighbors about their protections!
• You are not alone. We’re stronger together! Learn How to Start a Tenants Union.
• More resources available in the Know Your Rights section.