What are my options if my landlord is not making necessary repairs to my rental property in California?

If your landlord is not making necessary repairs to your rental property in California, you have several options to address the issue.

1. Send a written notice to the landlord:

   Under California law, tenants have the right to demand that their landlord make necessary repairs to the rental unit. You can send a written notice to your landlord describing the needed repairs and requesting that they be promptly made. The notice should be specific about the repair issue and provide a reasonable timeframe for the landlord to fix the problem. It is advisable to send the notice via certified mail or hand-deliver it and keep a copy of the notice for your records.

2. File a complaint with local code enforcement:

   If the necessary repairs are related to health and safety issues, such as broken heating, electrical issues, or lack of running water, you can file a complaint with the local code enforcement agency. Code Enforcement will inspect and will issue a report detailing the repairs that need to be made. This report can hold the landlord accountable.

3. Withhold rent:

   California tenants have the legal right to withhold rent payments if the landlord fails to make necessary repairs that impact the habitability of the rental unit. This option should be used with caution, however. Before withholding rent, the tenant should be able to prove that the landlord has received a notice of the needed repairs but has failed to make them. It is best to consult with an attorney before withholding rent to avoid any legal implications.

4. Repair and deduct from rent:

   Another option available to California tenants is to have the necessary repairs made and to deduct the cost from future rent payments. This option should only be used if the necessary repairs are urgent and need to be made immediately, for example, if there is a water leak in the property. Again, before taking this action, it is best to consult with an attorney to ensure that all legal requirements are being met.

5. Sue the landlord:

   Tenants also have the option to sue their landlord for the cost of necessary repairs or for a breach of the warranty of habitability. This option should only be used as a last resort when other options have failed. It is advisable to consult with an attorney before filing a lawsuit.

In conclusion, there are several options available to tenants who have landlords that are not making necessary repairs to their rental property in California. It is crucial for tenants to document all communication with landlords and to seek legal advice before taking any legal action.