Safe and Livable Homes (Habitability)

At this time, Legal Aid Society of San Diego (LASSD) has two available resources and services for people experiencing problems with the living conditions in their homes. First, we encourage you to review the page below, which has helpful information about steps to take to address problems with living conditions in the home and various options available. Second, LASSD is also offering a virtual workshop regarding habitability issues. This workshop (which will take place via Zoom) will provide examples of issues that rise to the level of habitability issues, what the landlord is responsible for, and some practical steps you can take on your own. These workshops provide legal information only, not individualized legal advice for your specific situation. However, these workshops can be very helpful to determine what next steps might be appropriate for you in your situation.

The habitability workshop will be presented via Zoom on two dates:

Thursday, April 2, 2026, at 5:30pm: https://lassd-org.zoom.us/j/84024537984?pwd=cTe8YA9C431ReMNRk4AFWXqMsPZR30.1

Meeting ID: 840 2453 7984
Passcode: Hab

Thursday, April 9, 2026, at 5:30pm: https://lassd-org.zoom.us/j/86733059379?pwd=Wlqb1Fash5mkXSa8IjUTGXluj9g8By.1

Meeting ID: 867 3305 9379
Passcode: Hab

HOW TO ADDRESS HABITABILITY ISSUES:

What to Do When Problems with the Living Conditions in a Home that Make a Home Unsafe or Unlivable

Safe and Livable Homes (Habitability)

HOW TO ADDRESS HABITABILITY ISSUES:

What to Do When Problems with the Living Conditions in a Home that Make a Home Unsafe or Unlivable

When a person rents a home to live in, the landlord has a legal duty to make (and keep) the home safe and livable. When problems make a home unsafe or not fit to live in, those problems are called “habitability issues.”

Some common issues that can make a home unsafe or unlivable include:

Roofs, windows, doors, or outside walls that are not protected from rain or weather. These problems can sometimes cause mold or mildew inside the home.

Problems with plumbing or gas.

No hot or cold running water, or serious problems with the water.

No heat, or problems with the heater or furnace.

Problems with lights or electrical wiring.

Buildings, yards, and shared areas that are not kept clean and safe, or that are have garbage, rodents, roaches, and other insects. This applies both inside your home and shared areas.

Not enough proper trash cans.

No stove or problems with a stove (This only applies to rental agreements that were entered into, amended/changed, or renewed/extended on or after January 1, 2026.).

No refrigerator or problems with a refrigerator (This only applies to rental agreements that were entered into, amended/changed, or renewed/extended on or after January 1, 2026.).

Most of the time, the landlord is responsible for fixing habitability issues in the home that they know about. There are some exceptions, including:

Damage to the home, or problems in the home, that were caused by you, your children, people who live with you, or your guests

Situations in which you agreed to be responsible for certain repairs. However, agreements are a tenant to be responsible for repairs is only valid if it is for minor, cosmetic repairs that do not affect whether the home is safe or livable. Under California law, an agreement (whether written or verbal) for a tenant to be responsible for all repairs, including repairs for habitability issues, is not valid.

If the home you are renting has a habitability issue, you should: Steps to take if you believe you have a habitability issue:

Identify the Problem

Once you notice a problem, take pictures or videos of the issue (if you can) and write down the date and time you took the photos/videos. Some problems may be hard to photograph or record, but do your best to document what you see.

Notify Your Landlord

Tell your landlord right away about the problem, and ask them to fix it. It is best to tell your landlord in writing. You should include any pictures or videos you took.

Even if you already told your landlord in person or over the phone, send a written message too.

If the landlord tries to fix the problem but it does not work, write to the landlord again and explain that the problem is still not fixed. You should also mention if you talked about the problem before or if repairs were already attempted.

For all of these written communications, text messages or emails are best because they give you a record of what you said and when/where you sent the message. Do not rely on your landlord to keep records for you or give you copies later. If you send a letter by mail, you should include the date in the letter and keep a copy for yourself. For some examples of written communications to a landlord, click on this link: See Sample Letters | Tenants Together for sample letters.

Telling the landlord about any habitability issues is very important. The law usually does not hold landlords responsible for problems they did not know about or could not reasonably be expected to know about.

Give Time for the Landlord to Correct the Problem

Give your landlord a reasonable amount of time to fix the issue. In many cases, 30 days is considered reasonable. However, the time depends on how serious the problem is.

Problems that affect health or safety—such as gas leaks, major water leaks, or sewage backups—are dangerous and should be fixed right away.

IMPORTANT: IF YOU HAVE SUBSIDIZED HOUSING

Under the Section 8 (Housing Choice Voucher) program, you MUST report habitability issues to your Section 8 Case Worker. If you do not report the habitability issues to your Section 8 Case Worker, they can consider it a violation on your part and your failure to report the habitability issues can result in you permanently losing your housing subsidy. Under the Section 8 program, units are required to be inspected usually every two years automatically. In between the regular inspections, Section 8 tenants must report any habitability issues to their caseworker and request a “special inspection.”

If your home fails the “special inspection,” the Public Housing Authority (PHA) that provides the housing subsidy will issue a notice of failed inspection to the landlord and give the landlord time to repair the living conditions in the home. The landlord will be given 30 days to repair non-emergency issues and 24 hours to repair emergency issues. After the deadline to repair expires, the PHA may conduct a second inspection. If the unit fails again, the PHA will stop making any payments to the landlord (i.e., will stop making the housing assistance payment) until the third inspection. Usually, Section 8 tenants are still required to pay their own portion of the rent to the landlord even if the PHA is not currently paying their portion. If the unit fails the third inspection, the PHA will terminate the HAP (Housing Assistance Payment) contract completely. Once the Section 8 contract is terminated, the PHA will issue the tenant a Request for Tenancy Approval (RFTA) packet for the client to look for a new housing unit to move to. The Section 8 tenant will have to move to a new unit to use their voucher before the RFTA expires or they will lose their voucher. PHAs typically allow at least on extension to the expiration of the RFTA.

The PHA terminating the HAP contract themselves is usually the only time that the PHA will permit a tenant to “abandon” the unit (unless there is a written agreement from the landlord) and permit you to move while still keeping your voucher for a new unit.

Most landlords complete repairs before the HAP contract terminates, so you may want to request a special inspection. If your unit fails a special inspection, we urge you to contact us back immediately for possible further assistance.

Additional Steps You Can Take

You may also make a complaint (or ask for an inspection from) your city or county’s Code Enforcement office. If your home has very serious problems—such as major structural damage, a gas leak, dangerous electrical problems, serious plumbing issues, or other major safety dangers—Code Enforcement may decide the home is not safe to live in. If that happens, they may post a red tag on the property and require you to leave right away. Code Enforcement only uses red tags as a last resort when conditions are extremely unsafe for occupants because Code Enforcement knows that being forced to move can be very hard on tenants. Some Code Enforcement offices offer temporary relocation help for people who have to move because of a redtagged home.

Even so, Code Enforcement can be a strong way to get a landlord to make necessary repairs. Code Enforcement can order the landlord to fix the problems and may fine the landlord daily if the repairs are not made on time. If the landlord still does not comply, the case may be sent to the City Attorney or County Counsel to take legal action against the landlord.

If you have Section 8 or other subsidized housing, you should also contact your housing worker and ask for a special inspection. See above for more information about special inspections.

You could make a complaint/request for investigation to the local Code Enforcement agency for your city/county. If your home has severe structural damage, gas leak, dangerous electrical issues, severe plumbing issues, or other severe safety hazards, Code Enforcement may red tag the property and remove you immediately. Code Enforcement uses “red tagging” as a last resort when conditions are extremely unsafe for occupants because they know the hardship displacement will cause. Most Code Enforcement divisions do offer temporary relocation assistance for occupants displaced by red tagging.

However, Code Enforcement is a very effective tool to get a landlord to do repairs. Code enforcement has the authority to order the landlord to bring the property into compliance and fine the landlord daily if they do not comply in a timely manner. If the landlord ignores Code Enforcement, the fees not only add up, but the case may get referred to the local City Attorney/ County Counsel to bring legal action against the landlord.

If you are on Section 8 or have a subsidized tenancy you should notify your housing worker and request a ‘special inspection.” See above for more information about requesting a special inspection.

What to do if your landlord fails to address your habitability issues

There are five main tools available that you can use to encourage your landlord to fix the issues you have in your home.

Mediation

Mediation is when a neutral person helps you and your landlord talk and try to agree on a solution. You can look for mediation services in the San Diego area. One benefit of mediation is that many services are free or low cost.

You can also use the San Diego Superior Court’s small claims website to find free mediators for cases involving up to $12,500, using this link: Small Claims Mediation Services | Superior Court of California - County of San Diego.

Suing Your Landlord

You can file a small claims lawsuit against your landlord if the landlord did not keep your home safe and livable (in other words, if your landlord breached the implied warranty of habitability). If you file your case in small claims court, you can only ask for up to $12,500. Lawyers are not allowed to represent in small claims court. This means that you will be speaking for yourself in court in the small claims case against your landlord (or someone from your landlord’s company). You can contact the Small Claims Legal Advisory Office at 858-634-1777. This is a link to the court’s website for small claims: Small Claims | Superior Court of California - County of San Diego.

The benefit of using this option is that you are not risking getting evicted by your landlord in the small claims case itself:

In small claims court, you can bring other related claims and, if you win, you may receive money for both financial losses and personal harm.

If you lose the small claims case, the loss of that case does not result in you being evicted.

Filing a case in small claims court costs less than in superior court. This means, if you lose, you may not be responsible for the landlord’s attorneys’ fees and may be responsible for less money for the landlord’s court costs (if any).

A small claims court judge can order repairs to be made and can order that rent be lowered until the repairs are made.

If you believe the amount of money you would be entitled to, if you won, is more than $12,500, you will have to sue in superior court. In superior court, both sides are allowed to hire an attorney to represent them. If you want help finding a lawyer to file a case against your landlord for habitability issues, you can call the San Diego County Bar’s Lawyer Referral Service at 800-464-1529.

The next three options are riskier because they can lead to losing a lot of money and/or being evicted. If you have subsidized housing, losing an eviction case can result in you losing your housing subsidy, your current housing, and your eligibility for future subsidized housing.

Withholding the Rent

Withholding rent means you do not pay some or all of your rent if your landlord does not fix serious problems that make your home unsafe or unhealthy. As a reminder, before withholding rent, you must first tell your landlord (preferably in writing) about the problems and give your landlord time to fix the problems.

If you withhold rent because of habitability issues, you should save all of the money for rent that you are withholding. It is best to save that money in a separate account any time you withhold rent. This is important because, if the issue results in a court case (filed either by you or your landlord), a judge may ask what you did with the rent and may order you to pay the full amount owed within five days (or less) after your court hearing. If you do not have the rent saved and ready to pay at the time of the trial, you could lose the case and be evicted, even if you would have won otherwise. Once the problems are fixed, you must start paying rent again and cannot keep withholding it.

If you have subsidized housing, withholding the rent is NOT a good idea. Typically, Section 8 tenants are still required to make their tenant portion payments to the landlord, even while a Public Housing Authority is instructing the landlord to fix habitability issues. If you have subsidized housing and you choose to withhold rent, you are risking your subsidy. IF YOU ARE ON SUBSIDIZED HOUSING AND YOU WITHHOLD YOUR RENT, THE HOUSING AUTHORITY MAY TERMINATE YOUR VOUCHER.

Repair and Deduct

Repair and deduct means you use part of your rent money to pay for repairs in your rental home. You can either fix the problems yourself or hire someone to do the repairs. You can only use up to one month’s rent for this option.

You should keep all receipts for any repairs. You cannot use this remedy option more than twice in any 12-month period. You should also be sure that the repairs are done the right way because, if not, your landlord can sue you for any damage caused by improperly performed work on the rental unit.

Repair-and-Deduct is a right provided by California state law. However, if you have a housing subsidy (like Section 8 or a Housing Choice Voucher), if you repair-and-deduct, you are risking your subsidy. IF YOU ARE ON SUBSIDIZED HOUSING AND YOU REPAIR-AND-DEDUCT, THE HOUSING AUTHORITY MAY TRY TO TERMINATE YOUR VOUCHER.

Abandon the Lease

If the problems in the home are very serious and very unsafe, and the problems also make the home unlivable, you may have the right to move out and end (i.e., abandon) your lease. This option is usually only for very serious problems. It can be useful when the problems would cost more than 1 month’s rent to fix and are very serious/unsafe.

Sometimes people use this option along with the repair and deduct option. If your landlord does not fix the problems within a reasonable time after you give notice, you should tell the landlord in writing why you are moving out. After that, you can move out.

However, leaving your home in this way can be very risky. If the problems are not serious enough to allow you to break the lease (or your landlord believes that the problems were not that serious), your landlord may try to sue you for money. If you have a month-to-month rental agreement, the landlord may sue for the rent that would normally be owed for the 30 days after you notify the landlord that you will be moving out. If you have a lease for a set period of time (for example, a one year lease), the landlord may sue you for breaking the lease, including suing you for rent and other costs through the end of the lease term. This could be a large amount of money. Even though you do not need the landlord’s permission to abandon the lease, it is much better to first ask if the landlord will simply agree to let you move out without penalty. If the landlord agrees, you should get that agreement in writing.

If you have subsidized housing, abandoning the lease is NOT a good option. This option is likely to result in you losing your subsidy, unless you have prior approval to move from the Public Housing Authority. For instance, (as described above), if the Public Housing Authority terminates the HAP contract (i.e., the contract that the landlord signed with the Public Housing Authority, agreeing to accept the PHA’s subsidized payments for your housing), then you can (and MUST, if you wish to keep your voucher) move out of the home. Additionally, if you obtain a written agreement with the landlord to move out of the home and obtain a Request for Tenancy Approval (RFTA) packet from the PHA to look for a new place to move, that is also another time that a tenant with subsidized housing can move out and “abandon” a lease. Abandoning the Lease is an option provided by California state law. However, if you have a housing subsidy (like Section 8 or a Housing Choice Voucher), if you abandon the lease (without prior written approval from the landlord and PHA), you are risking your subsidy. IF YOU ARE ON SUBSIDIZED HOUSING AND YOU ABANDON THE LEASE, THE HOUSING AUTHORITY WILL LIKELY TRY TO TERMINATE YOUR VOUCHER.

Common Requirements for Using the Options to Withhold the Rent, Repair and Deduct, and/or Abandon the Lease

To use any of these options, all of the following must be true:

The problems must be so serious and/or unsafe that they severely threaten your health/safety and/or make the home unlivable.

You, your family, your guests, and/or your pets must not have caused the problems.

The landlord must know about (or should know about) the problems. An example might be that the landlord received notice from SDG&E of the faulty wiring, even if you did not notify the landlord of the issue. Nevertheless, the easiest way for you to prove that the landlord knew about the problems is by you telling the landlord about the problems in writing.

You must give the landlord a reasonable amount of time to fix the problems. For non-emergency problems, 30 days is usually considered reasonable. Less time than 30 days may be considered enough time for the landlord to fix the problems in some severe/emergency situations.

Important Reminder

We do not recommend using these last three options. They can be very risky and could lead to you being sued in court and possibly losing your housing.

If you have subsidized housing (like Section 8 housing), using any of these last three options (withholding the rent, repair and deduct, or abandoning the lease) is particularly risky/dangerous. Although California state law allows for these three options, Section 8 housing is based on federal law/regulations. Under federal law/regulations, there is no right for a tenant to withhold rent, repair and deduct, or abandon the lease. Instead, federal regulations state that if you do not pay your rent portion, you are violating the Section 8 agreement and can lose your housing and your subsidy/voucher.

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