Cal. Civ. Code § 1942
California Civil Code
Operative Text
(a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, 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, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period. (b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice. (c) The tenant’s remedy under subdivision (a) shall not be available if the condition was caused by the violation of Section 1929 or 1941.2. (d) The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law.
California Civil Code § 1942 establishes two remedies available to a tenant when a landlord fails to repair conditions that make a rental unit uninhabitable within a reasonable time after receiving notice. First, the tenant may arrange and pay for the repairs themselves—so long as the cost does not exceed one month's rent—and then deduct that expense from rent owed; this option may be used no more than twice in any 12-month period. Second, the tenant may vacate the unit and be released from any further rent obligations as of the date they leave. These remedies are not available if the tenant caused the uninhabitable condition, and they exist alongside, rather than instead of, any other legal remedies that may apply.
Plain English — not legal advice.
Under Cal. Civ. Code § 1942, compliant property operators generally respond promptly to any written or oral notice—whether delivered to the owner or an authorized agent—of conditions that render a unit uninhabitable. Operators who address reported dilapidations within a reasonable time (with 30 days serving as a key benchmark under the statute) reduce exposure to tenants exercising the repair-and-deduct remedy or vacating without further rent obligation. Maintaining clear records of when notices were received and what repair actions were taken, and by whom, is a practice commonly associated with demonstrating timely response under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Cal. Civ. Code § 1942 gives tenants two potential remedies when a landlord fails to fix conditions making a unit uninhabitable after receiving proper notice: arranging the repairs personally and deducting the cost (up to one month's rent) from rent due, or vacating the unit and ending further rent liability as of that date. Waiting at least 30 days after giving notice creates a rebuttable presumption that the tenant acted after a reasonable time, though shorter notice may be sufficient depending on the circumstances. Tenants who believe this provision applies to their situation may find it useful to consult a local tenant-rights organization or legal aid office, and to be aware that this remedy cannot be used more than twice in a 12-month period and is not available if the tenant caused the condition at issue.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 3, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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