No heat or hot water in your California rental: what the law requires

By Tyler Vance, California attorney · Updated 2026-10-02 · 4 min read

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.

A broken heater or no hot water is more than an inconvenience, especially with kids or older family members at home. Here is what California law requires and how I'd suggest handling it. This is general information, not advice about your situation.

What state law requires

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

• (a)(2) plumbing or gas facilities that met the law when installed, maintained in good working order;
• (a)(3) a water supply that produces hot and cold running water to the appropriate fixtures, connected to an approved sewage system; and
• (a)(4) heating facilities that met the law when installed, maintained in good working order.

Health and Safety Code section 17920.3 also lists lack of hot and cold running water to the plumbing fixtures in a dwelling unit and lack of adequate heating as substandard conditions.

The temperature standards

State housing regulations put numbers on it. California Code of Regulations, title 25, section 34 (opens in a new tab) requires heating capable of keeping every habitable room at 70°F or more, measured three feet above the floor. If the tenant doesn't control the heat, the owner or manager has to provide that heat 24 hours a day. Unvented fuel-burning heaters aren't allowed. Some older buildings fall under an existing-building exemption, but even then the heat has to be as close to 70°F as the existing system can provide. Title 25, section 32 (opens in a new tab) defines hot water as water supplied to fixtures at 110°F or more.

City of Los Angeles

Los Angeles Municipal Code section 91.8111 (opens in a new tab) requires rented units to have heating that can keep habitable rooms at 70°F, measured three feet above the floor. If the tenant can't turn the heat on, the owner must turn it on whenever the unit is at 70°F or less, and no time clocks or other devices may be installed to keep tenants from turning it on. A legally installed heater can't be removed or disabled. Other cities have their own housing codes, so I check the local code for your city.

Safety first

If you smell gas, I recommend leaving the unit and calling the gas company or 911 from outside. Please don't heat the unit with a gas oven, a stove, or a grill. Space heaters should go straight into a wall outlet and stay away from bedding and curtains.

Document it and ask in writing

I suggest photographing a thermometer in each room at about three feet above the floor, and the water temperature at the tap, with the date and time showing. Then send a written repair request and keep a copy. My guide to documenting habitability problems walks through it.

If the landlord shuts it off

Civil Code section 789.3 says a landlord may not willfully cause the interruption or termination of a utility, including water, heat, or gas, with intent to end the tenancy. A landlord who violates it can owe actual damages plus up to $100 for each day of the violation (at least $250 for each separate cause of action), and the court awards reasonable attorney's fees to the prevailing party.

Ask for an inspection

A code inspector can confirm the problem in writing. Under Civil Code section 1942.4, if an official cites the unit and the landlord doesn't fix it within 35 days, the landlord generally can't collect rent for that period, raise the rent, or serve a 3-day notice to pay rent or quit. In the City of Los Angeles, uncorrected violations can also lead to LAHD's Rent Escrow Account Program (REAP) (opens in a new tab). Repair-and-deduct under Civil Code section 1942 has strict limits, so read my guide to rent withholding and repair-and-deduct before you try it.

When to talk to a lawyer

If the heat or hot water has been out for days, the landlord keeps putting it off, or you get a rent increase or a notice after complaining, get advice. In habitability matters I represent tenants only, never slumlord landlords. I conflict-check the property address and party names first.

Have ready: Photos · Written repair ask · Landlord/PM name

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.