Short answer: Under California Civil Code §1941.1, a rental is untenantable if it substantially lacks items such as weatherproofing, working plumbing, gas, hot water, heating, electrical systems, clean common areas, garbage receptacles, and safe floors, stairways and railings. Tenants may repair and deduct up to one month's rent, no more than twice in 12 months, after notice and a reasonable time (§1942). Many landlord liability policies exclude habitability claims, so maintenance is your best protection.
What the law requires
Civil Code §1941.1 lists conditions that make a dwelling untenantable when substantially lacking, including:
- effective waterproofing and weather protection of the roof and exterior walls, including unbroken windows and doors,
- plumbing and gas facilities in good working order,
- hot and cold running water connected to a sewage system,
- heating facilities in good working order,
- electrical lighting and wiring in good working order,
- clean and sanitary buildings and grounds under the landlord's control,
- adequate garbage receptacles, and
- floors, stairways and railings in good repair.
Source: Civil Code §1941.1.
The tenant's repair-and-deduct remedy
Under Civil Code §1942, if the landlord doesn't make needed repairs within a reasonable time after notice, the tenant may make them and deduct the cost from rent, up to one month's rent, and no more than twice in any 12-month period. Thirty days is presumed reasonable, though a shorter time can apply in some circumstances.
Where insurance does and doesn't help
- Liability exclusions. Many landlord liability policies exclude claims based on the duty to keep a unit habitable. In Northfield Ins. Co. v. 24th & Hoffman Investors (Cal. Ct. App. 2022), the court considered a policy whose habitability exclusion reached "any claim or suit" that included habitability allegations.
- Property coverage for sudden events, such as a burst pipe, is separate from the cost of routine maintenance, which policies generally don't pay.
- Ask your agent to show you the habitability, mold and wear-and-tear exclusions in your policy.
Checklist
- Respond to repair requests in writing and keep records.
- Inspect roofs, plumbing, heating and smoke alarms on a schedule.
- Review your policy's exclusions at each renewal.
Related: landlord insurance and the California landlord insurance guide.
Frequently asked questions
What makes a rental untenantable in California?
Substantially lacking items listed in Civil Code §1941.1, such as weatherproofing, working plumbing, gas, hot water, heat, electrical systems, sanitary common areas, garbage receptacles, and safe floors, stairs and railings.
Can a California tenant repair and deduct?
Yes, under Civil Code §1942, after notice and a reasonable time, up to one month's rent and no more than twice in 12 months.
Does landlord insurance cover habitability lawsuits?
Often not. Many landlord liability policies exclude habitability claims. Check your policy's exclusions.
Does landlord insurance pay for routine repairs?
Generally no. Property coverage is for sudden covered losses, not maintenance.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. Not legal, tax or financial advice, and not a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.