Every landlord in San Diego must keep a rental livable, including working plumbing, heat, hot water, and electricity, and a home free of pests, serious dampness, visible mold, and lead hazards. If your landlord won't make repairs, ask your local code enforcement office to inspect, and know your options: California law may let you repair and deduct, bar your landlord from collecting rent in some cases, defend against an eviction, and recover money damages.
Fill out our intake form or call 619-935-9678. Jack Fernandes personally reviews San Diego tenant habitability cases. No cost to find out where you stand.
What makes a San Diego rental "uninhabitable"?
California law sets the standard for every rental in San Diego. Landlords must make a rental fit to live in and repair problems that make it unlivable (Cal. Civ. Code § 1941). The California Supreme Court has held that every residential lease includes a warranty of habitability, whether or not the lease says so (Green v. Superior Court (1974) 10 Cal.3d 616, 637).
A rental is considered untenantable if it substantially lacks any of these (Cal. Civ. Code § 1941.1(a)):
- A watertight roof and walls, with unbroken windows and doors
- Working plumbing and gas
- Hot and cold running water, connected to a sewage system
- Working heat
- Working electrical lighting and wiring
- Clean, sanitary grounds, free of garbage, rodents, and vermin
- Enough trash cans
- Floors, stairs, and railings in good repair
- For most leases signed, renewed, or changed on or after January 1, 2026: a working stove and refrigerator (a tenant can agree in the lease to supply their own refrigerator)
A rental also fails the standard if it is a "substandard building" under state housing law. That includes conditions such as visible mold growth and dampness of habitable rooms when they exist to an extent that endangers the health or safety of the people living there (Cal. Health & Safety Code § 17920.3(a)(11), (a)(13)). It also includes lead hazards such as deteriorated lead paint (Cal. Health & Safety Code § 17920.10).
What should I do if my landlord won't make repairs?
- Tell your landlord, preferably in writing. Notice to your landlord, whether written or spoken, starts the clock on several of your rights. Putting it in writing, with a date, gives you proof.
- Document everything. Take dated photos and videos, keep every repair request and reply, and save medical records if anyone in the home has gotten sick.
- Ask your local code enforcement office to inspect. If an official who enforces housing law inspects and gives your landlord written notice to make repairs, additional remedies below become available.
- Keep paying rent unless an attorney tells you otherwise. Withholding rent on your own can backfire (see below).
- Watch for retaliation. A sudden rent increase, eviction notice, or cut in services after you complain is a red flag.
- Get a free case review, especially if mold or another hazard has affected your health.
What are my options under California law?
| Option | How it works |
|---|---|
| Repair and deduct | If the landlord doesn't fix the problem within a reasonable time after notice (30 days is presumed reasonable), you can pay for the repair and deduct it from rent, up to one month's rent, no more than twice in 12 months. You can also choose to move out instead (Cal. Civ. Code § 1942). |
| Landlord barred from collecting rent | If a housing inspector gives the landlord written notice and the problem still isn't fixed 35 days later without good cause, the landlord can't demand or collect rent, raise the rent, or serve a three-day notice to pay or quit. A landlord who violates this can owe your actual damages plus $100 to $5,000. The winning side can also recover attorney's fees, so a tenant who loses could owe the landlord's fees (Cal. Civ. Code § 1942.4). |
| Defense to eviction | If you're sued for unpaid rent, you can argue the landlord breached the warranty of habitability. If the court finds a substantial breach, it lowers the rent to what the unit was actually worth, can order repairs, and lets you keep your home if you pay the reduced back rent by the deadline the court sets, which can be no more than five days (a little longer if the judgment is served on you by mail) (Code Civ. Proc. §§ 1174.2(a), 1013(a)). If the problem is still unfixed 60 days after an inspector's written notice without good cause, the law creates a rebuttable presumption that the landlord breached its duty to keep your home habitable (Cal. Civ. Code § 1942.3(a)). |
| Lawsuit for damages | You can sue for harm caused by unlivable conditions, including illness from mold. In 2023, a California appeals court revived a former tenant's lawsuit over mold-related illness and noted that landlords are not shielded from liability for mold infestation (Brancati v. Cachuma Village, LLC (2023) 96 Cal.App.5th 499). |
A warning about withholding rent: if a court decides the breach wasn't substantial, the landlord can win the eviction case (Code Civ. Proc. § 1174.2(b)). Get advice before you stop paying, and see our guide on whether you can stop paying rent if your San Diego landlord won't make repairs.
Living with mold, pests, or no heat in San Diego? It's worth a phone call. Get a free case review →
Can my landlord evict me or raise my rent for complaining?
Not as retaliation. Under state law, if you are "not in default" on your rent, your landlord can't evict you, raise your rent, or reduce services in retaliation within 180 days after you complain to the landlord, complain to a government agency, have an inspection or citation, or start a legal case (Cal. Civ. Code § 1942.5(a)). You can rely on this protection only once in any 12-month period (Cal. Civ. Code § 1942.5(b)). Your landlord can still take these steps for a lawful reason, if the notice states that reason in good faith (Cal. Civ. Code § 1942.5(f), (g)).
A landlord who retaliates can owe your actual damages, plus $100 to $2,000 per retaliatory act if it acted with fraud, oppression, or malice (Cal. Civ. Code § 1942.5(h)). In a lawsuit over retaliatory eviction, the court awards attorney's fees to whichever side wins, if either side asks for them at the start of the case (Cal. Civ. Code § 1942.5(i)).
How long do I have to act?
It depends on the claim. Personal injury claims generally must be filed within two years (Code Civ. Proc. § 335.1). Claims for breach of a written lease generally have four years (Code Civ. Proc. § 337(a)). Waiting can cost you both time and evidence, so it's best to get advice early.
Frequently asked questions
Is mold always a habitability violation?
Not always. State law covers visible mold growth as determined by a health or code enforcement officer, and excludes minor mold on surfaces that collect moisture as part of their normal use. Dampness of habitable rooms is listed separately, and both count when they endanger the health or safety of the people living there (Cal. Health & Safety Code § 17920.3(a)(11), (a)(13)).
What if I caused the problem?
If you substantially contributed to the problem by not keeping the unit clean, misusing fixtures, or damaging the property, the landlord isn't required to repair it (Cal. Civ. Code §§ 1941.2, 1929).
My lease says I'm responsible for repairs. Does that matter?
Usually not for health and safety problems. A California court has held that a lease can't waive a landlord's duty to meet health and safety housing rules, such as keeping a home free of vermin (Buckner v. Azulai (1967) 251 Cal.App.2d Supp. 1013). The California Supreme Court has also said landlords generally can't use their bargaining power to get around the warranty of habitability (Green v. Superior Court (1974) 10 Cal.3d 616, 625, fn. 9).
Do I need a lawyer?
Not for every repair dispute. A lawyer helps most when the problem is serious or long-running, when someone's health has been affected, when the landlord retaliates, or when you're facing eviction.