What to do if your California landlord won't fix mold or leaks
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.
I hear some version of this often: water is coming through the ceiling or mold keeps coming back, the tenant has asked for a repair more than once, and nothing happens. Here is how I'd suggest approaching it. This is general information, not advice about your situation.
1. Document the problem now
Take dated photos and short videos of the leak, the water damage, and any mold, and keep taking them as things change. Save damaged items if you can. If you or someone in your household has health symptoms you think are related, see a doctor and keep those records too. Documentation made at the time is often the most useful evidence later.
2. Ask for the repair in writing
Phone calls are easy to forget or deny. Send the request by text, email, the tenant portal, or a letter, describe the problem and where it is, and keep a copy. If the landlord replies, save the reply. If a property manager handles the building, send it to them and, if you know it, the owner too.
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3. Know the basic standards
California Civil Code section 1941.1 lists conditions that can make a unit untenantable, including a lack of effective waterproofing and weather protection of the roof and exterior walls and plumbing that is not maintained in good working order. Health and Safety Code section 17920.3 lists substandard conditions, including dampness of habitable rooms and visible mold growth as determined by a health officer or code enforcement officer. Whether your specific problem meets those standards depends on the facts.
4. Consider asking for a code inspection
Most cities and counties have a code enforcement or housing inspection office that takes complaints from tenants. An inspector's written report can be strong evidence that a condition exists and that the landlord was told about it. Under Civil Code section 1942.4, if a public officer inspects, gives the landlord written notice to fix a substandard condition, and the landlord doesn't fix it within 35 days without good cause (and the tenant didn't cause the problem), the landlord generally can't demand or collect rent for that period, raise the rent, or serve a 3-day notice to pay rent or quit.
5. Be careful before withholding rent or "repair and deduct"
Stopping rent on your own can lead to an eviction case, and eviction cases move quickly. Civil Code section 1942 does allow a tenant, in limited situations, to make certain repairs after giving the landlord reasonable notice and deduct the cost, up to one month's rent, no more than twice in 12 months. It doesn't apply to problems the tenant caused, and it has other conditions. Talk to a lawyer before you try either approach.
6. Know that retaliation is restricted
Civil Code section 1942.5 generally prohibits a landlord from retaliating against a tenant for complaining about conditions, for example by raising the rent, cutting services, or trying to evict. I explain how that works in my guide to retaliation after repair complaints.
7. Check your local rules
Some cities have their own rent control, relocation, or tenant protection ordinances, and some have their own inspection programs. Your city's website is usually the place to start.
When to talk to a lawyer
If the problem is serious, keeps coming back, affects your health, or the landlord responds with a rent increase or a notice, it's worth getting advice. In habitability matters I represent tenants only. I'll conflict-check the property address and the names of the parties, then tell you whether I can help.
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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.