Both landlords and tenants often accuse California’s rental laws of favoring the other side. Each party has the same opportunity to bring the other to court for failure to abide by the terms of the lease agreement. If it seems as though landlords have an advantage, it is only because tenants often receive inaccurate information.
If you are wondering, “Can I break my lease over habitability problems in California?” the answer is yes—but you must do it the right way. Tenants who do not follow state and local regulations can face consequences worse than remaining in their unit.
What Is an Uninhabitable Rental Unit?
California Civil Code § 1941.1 requires landlords to provide tenants with a habitable living environment. State law defines what the landlord must provide and stipulates that the lack of these things makes the residence untenable. They include:
- Running hot and cold water
- Heat and electricity
- Working plumbing and gas (if the building uses gas for heat or cooking)
- Absence of insect infestation or other vermin
A landlord must repair or replace any broken items after the tenant tells them that these required items are damaged, as well as provide pest control if the residence becomes infested.
The Tenant’s Responsibility
The landlord is only responsible for fixing things that the tenant advises them about. If your apartment is uninhabitable because the plumbing is broken or it is infested with cockroaches, you must tell the landlord and give them a reasonable time to repair the problem.
You should:
- Document the issue: Take photos or videos of the problem, and date and time-stamp your pictures
- Send your landlord a written notice of the problem: Include your images and advise the landlord that you will be seeking legal advice if they do not respond and resolve the issue
- Allow a reasonable time for repairs: 30 days is generally the minimum time for most kinds of habitability issues
- After 30 days, seek legal advice: A California habitability attorney may review your legal options regarding your lease and advise you on how to proceed
Tenants should never try to resolve the issue themselves in landlord–tenant disputes. Always seek legal advice before taking any action.
Contact a California Lawyer for Information About Constructive Eviction
Breaking your lease over habitability problems is known as constructive eviction. There are specific legal requirements for proving constructive eviction. You should always consult an attorney before taking any action against your landlord.
You have the right to quiet enjoyment of your residence. If you are wondering whether you can break your lease over habitability problems in California, the answer is yes. California law requires all apartments to meet minimum standards of comfort and habitability. If you think your residence has fallen below that standard and your landlord is refusing to make repairs, call the attorneys at CD Law.
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October 27, 2025