How to document habitability problems: photos, written repair requests, and a log
General information, not legal advice. Every situation is different. If you have a deadline or court papers, don't wait on a guide. Call (562) 644-4186.
When a repair dispute gets serious, the tenant who kept good records is usually in a much better position than the tenant who didn't. Here is the system I suggest. It's general information, not advice about your situation.
Photos and video
- Start now, and keep going. Photograph the problem the day you notice it, then again as it changes and after any repair attempt.
- Wide and close. Take one shot that shows the room so it's clear where the problem is, then close-ups. Something for scale, like a ruler or a coin, helps.
- Same spot, same angle. Repeating the same shots over time shows whether things are getting worse.
- Short videos are useful for things photos don't capture: active leaks, dripping, pests, or a heater that won't turn on.
- Keep the originals. Don't edit or filter them, and back them up (cloud storage or email them to yourself). Original files usually keep the date and time they were taken.
Written repair requests
California Civil Code section 1942 talks about the landlord getting written or oral notice of a problem, but a written request is far easier to prove. For mold, Civil Code section 1941.7 says the landlord's repair obligation under sections 1941 and 1942 doesn't arise until the landlord has notice. That makes the written request important.
A good request is short and specific:
- the date, your name, and the unit address,
- what the problem is, where it is, and when it started,
- that you're asking for it to be repaired, and
- how and when the landlord can reach you to arrange access.
Send it the way your lease or the landlord says to (portal, email, text, or letter), and keep a copy. Screenshots of texts and portal tickets are fine. If the landlord replies, save the reply. If you don't hear back, a polite follow-up in writing creates another record.
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Keep a simple log
A notebook or a spreadsheet works. For each entry, write down:
- the date and what happened (for example, "ceiling leak got worse after rain"),
- who you talked to, how (phone, in person, text), and what was said,
- repair visits: who came, what they did, and whether it fixed the problem,
- costs you paid, like cleaning, replacing damaged items, or staying elsewhere, with receipts, and
- health effects, doctor visits, and missed work, if any.
Write entries the same day while details are fresh. Stick to facts. A log that reads calmly and consistently is more persuasive than one full of opinions.
Access and entry
Under Civil Code section 1954, a landlord may enter to make necessary repairs, generally after reasonable written notice and during normal business hours (24 hours' notice is presumed reasonable, with exceptions such as emergencies). Note in your log when the landlord asks for access and what you said. Refusing reasonable access can hurt your position.
Inspection records
If you ask your city or county code enforcement office to inspect, keep the complaint confirmation, the case number, the inspector's name, and any notice or report. An official report can matter a great deal, including under Civil Code section 1942.4 and section 1942.3.
Your side of the lease
Civil Code section 1941.2 lists tenant obligations, like keeping your part of the unit reasonably clean and sanitary, disposing of garbage properly, and using plumbing, gas, and electrical fixtures properly. If a tenant's substantial violation contributes substantially to the problem, the landlord's repair duty under sections 1941 and 1942 may not arise. Photos that show you've kept the unit in good shape help here too.
When to talk to a lawyer
If the problem is serious or keeps coming back, or the landlord responds with a rent increase or a notice, get advice. Send the intake, then text me your photos. I represent tenants only in habitability matters, and I conflict-check the property address and party names first.
Want me to look at your situation?
Tell me what's going on. I conflict-check every inquiry by property address and party names, then let you know whether I can help.
Attorney advertising. This guide is general information about California law as of the date shown, not legal advice, and it may not reflect later changes or local rules. Reading it or contacting me does not create an attorney-client relationship. Results vary and no outcome is guaranteed. Better Call Vance, PC, Tyler Vance, CA Bar No. 318810, 3301 Michelson Drive, Suite 2107, Irvine, CA 92612.