What can I do if my landlord won't fix uninhabitable conditions in California?

1. Implied Warranty of Habitability — California codifies the warranty at Cal. Civ. Code §§ 1941-1941.1 and the Supreme Court recognized it in Green v. Superior Court, 10 Cal.3d 616 (1974). It cannot be waived.

2. What Counts as Uninhabitable — § 1941.1 lists: effective waterproofing, plumbing in good working order, hot and cold running water, heating, electrical lighting, clean grounds free of vermin, adequate trash receptacles, and floors/stairways in good repair. Local housing code violations also count.

3. Tenant Notice to Landlord — Written notice is best practice; landlord has a "reasonable" time to repair, presumed to be 30 days under § 1942(b), though urgent issues (no heat, sewage) require faster action.

4. Repair-and-Deduct — Under § 1942(a), tenant may spend up to one month's rent on repairs and deduct from rent. Limit: twice in any 12-month period.

5. Rent Withholding / Escrow — California allows rent withholding under Green v. Superior Court; tenant should set aside rent in case court orders payment. No statutory escrow procedure.

6. Constructive Eviction — If conditions force tenant out, tenant may abandon under § 1942 and recover damages.

7. Affirmative Defense to Eviction — Habitability is a complete defense to unlawful detainer for nonpayment (Green).

8. Damages & Penalties — Rent abatement based on diminished value, plus actual damages. Tenants may also sue under Civ. Code § 1942.4 (substandard conditions with code citation) for $100-$5,000 per violation plus attorney fees.

9. Retaliation Protection — Cal. Civ. Code § 1942.5 presumes retaliation for 180 days after tenant complains, and authorizes punitive damages plus attorney fees.

This is legal information, not legal advice.