Photo: Mds08011 / Wikimedia Commons (CC BY 4.0)
Mold, broken heaters, leaks, pests and faulty wiring are more than inconveniences. Under California law, landlords must keep rental housing in livable condition, and tenants have specific tools when they do not.
What “habitable” means
California Civil Code section 1941.1 lists basic requirements, including effective waterproofing, working plumbing and hot and cold water, heating, safe electrical systems, clean and sanitary premises free of vermin, adequate trash receptacles, and floors, stairs and railings in good repair.
Step 1: Ask in writing
Notify the landlord in writing, describe the problem and keep a copy, with dated photos. Give a reasonable time for repairs; 30 days is generally considered reasonable, though urgent problems call for faster action.
Step 2: Report to code enforcement
Inside city limits, the City of San Diego’s Development Services Department handles housing code complaints; other cities and the county have their own code enforcement offices. Inspectors can cite landlords and require repairs.
Other remedies
- Repair and deduct: Civil Code section 1942 allows a tenant, after proper notice, to pay for certain repairs and deduct the cost, up to one month’s rent, no more than twice in 12 months.
- Protection from retaliation: Civil Code section 1942.5 generally bars landlords from raising rent, reducing services or evicting a tenant for complaining about conditions.
San Diego’s tenant protections
The City of San Diego’s Residential Tenant Protections Ordinance took effect June 24, 2023. Among other things, it requires a landlord who ends a tenancy for a no-fault reason to provide relocation assistance equal to two months’ rent, or three months’ for senior or disabled tenants. The San Diego Housing Commission publishes a guide to the law.
Getting help
Legal aid organizations, including the Legal Aid Society of San Diego, offer free help to eligible tenants. 211 San Diego can also connect renters with resources.
Sources
- San Diego Housing Commission: tenant protections
- City of San Diego Development Services
- California Courts Self-Help: housing
By 
