California Civil Code 1941 imposes an absolute duty on landlords to maintain habitable conditions. This duty cannot be waived by any lease provision. When your landlord fails, you have three immediate self-help remedies.
The Three Remedies
1. Repair-and-Deduct: Hire a contractor, deduct cost from rent — up to one month’s rent. Requires prior written notice.
2. Rent Withholding: Withhold rent until repairs made. Landlord may sue for eviction — raise habitability as affirmative defense.
3. Rent Reduction: Sue for rent proportional to diminished unit value during violation period.
Always send written notice first and allow reasonable time to repair (generally 30 days for non-emergencies). Keep copies of all communications.
Section 10 covers all three remedies with the Habitability Repair Notice template and Claude AI Prompt 10.
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