# California: Landlord Won't Repair? Your Options | Who Pays the Repair?

> California tenants can repair-and-deduct (capped, twice a year max) or vacate if the landlord won't fix habitability issues, under Civil Code § 1942.

**Who pays:** landlord

In California, if the landlord won't fix a habitability problem after notice, the tenant may repair and deduct up to one month's rent (twice per year max) or vacate under Civil Code § 1942.

**Boundary:** 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.

**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.

## Sources
- [California Code, Civil Code: Section 1942](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1942.) — "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." (accessed 2026-09-29)
- [California Civil Code Section 1942](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1942.) — "If a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time." (accessed 2026-09-29)

_Last verified 2026-09-29. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/california-tenant-remedy-landlord-wont-repair/ — every claim checked against a primary source before publication (see /methodology/)._