If the repair is yours to pay
Get more than one quote before you agree to a price, and ask the contractor to confirm where the property line and the public side begin.
Repair-request & landlord/tenant forms (LawDepot)Templates for a notice to repair, security-deposit demand, and more.
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Default rule and exceptions
If a California landlord doesn't fix a habitability problem within a reasonable time (30+ days presumed reasonable) after notice, the tenant may repair it themselves and deduct the cost from rent (capped at one month's rent, usable at most twice in 12 months) or vacate and stop paying rent, under Civil Code § 1942.
| Party | What they are responsible for |
|---|---|
| Landlord | Fix the habitability problem within a reasonable time after tenant notice, or the tenant may invoke the statutory remedy. |
| Tenant | Give notice and, if unremedied, repair and deduct up to one month's rent (max twice per 12 months) or vacate and stop paying rent. |
| Exceptions | The repair-and-deduct/vacate remedy is capped at one month's rent and is unavailable more than twice in any 12-month period. |
What the source says
Last verified against the primary source on Sep 29, 2026.
the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month’s rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent... This remedy shall not be available to the tenant more than twice in any 12-month period.
If a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time.
City rules rest on state law. Read California's sidewalk statute, quoted verbatim, or see all 50 states in one table.
Common questions
Who pays for rental: landlord won't repair (remedies) in Statewide, CA?
The landlord. Fix the habitability problem within a reasonable time after tenant notice, or the tenant may invoke the statutory remedy.
Are there exceptions in Statewide, CA?
The repair-and-deduct/vacate remedy is capped at one month's rent and is unavailable more than twice in any 12-month period.
What is this based on for Statewide, CA?
This verdict is sourced to California Code, Civil Code: Section 1942 and 2 sources in total, each independently re-checked before publication.
Sources
- California Code, Civil Code: Section 1942statute · verified-primary · accessed 2026-09-29
- California Civil Code Section 1942statute · verified-primary · accessed 2026-09-29
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