📋 Repair Demand Letter Overview

When your California landlord fails to maintain your rental unit in habitable condition, you have powerful legal remedies. The repair demand letter is your first formal step in enforcing your rights under California Civil Code Section 1942 - the "repair and deduct" statute.

When to Send a Repair Demand Letter

You should send a formal repair demand letter when your landlord has failed to address:

💧 Plumbing Issues

No hot water, broken toilets, leaking pipes, sewage problems, clogged drains

🌡 Heating Failures

Broken heater, no heat during cold months, inadequate heating capacity

⚡ Electrical Problems

Non-working outlets, faulty wiring, electrical hazards, no lighting

🔒 Security Defects

Broken locks, damaged doors/windows, compromised entry points

🌊 Weatherproofing

Roof leaks, water intrusion, broken windows, inadequate insulation

🐛 Pest Infestations

Roaches, rodents, bedbugs, ants, or other vermin

👍 Your Remedies Under California Law

  • Repair and Deduct (CC 1942) - Fix it yourself, deduct up to one month's rent
  • Rent Withholding - Stop paying rent until repairs are made
  • Lease Termination - Move out without penalty if severe
  • Sue for Damages - Recover rent overpayment and other losses
  • Code Enforcement - Report to local housing authority for inspection

⚠ Critical: Written Notice Required

Before using repair and deduct or rent withholding, you must give your landlord written notice of the defect and reasonable time to repair. Verbal requests are not sufficient. This letter serves as your formal written notice.

If you've received a repair demand letter from your tenant, take it seriously. California law provides strong protections for tenants regarding habitability, and failure to respond properly can result in significant liability.

What This Letter Means

A repair demand letter is your formal written notice under California Civil Code Section 1942. Once received, the clock starts ticking on your obligation to make repairs within a "reasonable time" - typically 30 days for non-emergency issues, or immediately for emergencies.

⚠ Your Exposure If You Ignore This

  • Repair and Deduct - Tenant can fix it and deduct up to one month's rent
  • Rent Withholding - Tenant can stop paying rent entirely
  • Lease Termination - Tenant can move out without penalty
  • Damages Lawsuit - You may owe rent refunds, relocation costs, emotional distress
  • Code Violations - Fines from city/county housing inspectors
  • Eviction Defense - Habitability is a complete defense to nonpayment eviction

Recommended Response

  1. Acknowledge immediately - Respond in writing within 48 hours that you received the notice
  2. Inspect the property - Schedule an inspection within 7 days to assess the issue
  3. Provide repair timeline - Give tenant a specific date when repairs will be completed
  4. Document everything - Keep records of all communications and repair efforts
  5. Complete repairs promptly - Aim to resolve within 14-21 days for non-emergencies

💡 Pro Tip: Communication Prevents Litigation

Most tenant repair disputes escalate because landlords ignore requests or fail to communicate. A simple response acknowledging the issue and providing a timeline often prevents tenants from pursuing remedies like repair and deduct or rent withholding.

📝 Required Elements of a Repair Demand

For your repair demand to be legally effective, it must include these essential elements.

  1. Your Name and Address

    Identify yourself as the tenant and the rental property address.

  2. Landlord's Name and Address

    Send to the landlord, property manager, or management company as listed in your lease.

  3. Date of the Letter

    Important for calculating the reasonable time period for repair.

  4. Specific Description of Defects

    Describe each repair issue in detail - location, nature of problem, how it affects habitability.

  5. History of Prior Requests

    Reference previous verbal or written requests and dates they were made.

  6. Citation to California Law

    Reference Civil Code 1941, 1941.1, and 1942 to show you know your rights.

  7. Specific Deadline for Repair

    Give a specific date by which repairs must be completed (typically 30 days).

  8. Statement of Intended Remedies

    State what you will do if repairs aren't made (repair and deduct, rent withhold, etc.).

  9. Anti-Retaliation Warning

    Reference Civil Code 1942.5 prohibiting retaliation.

💬 Pro Tip: Send Certified Mail

Always send your repair demand via certified mail with return receipt requested. This creates proof that the landlord received your notice, which is essential if you need to use repair and deduct or defend against an eviction.

💰 Damages & Penalties

When landlords fail to make required repairs, tenants can recover various types of damages.

Recoverable Damages

Rent Reduction

Difference between rent paid and fair rental value of the defective unit during the period of disrepair

Repair Costs

If using repair and deduct, up to one month's rent for the cost of repairs you arrange

Out-of-Pocket Expenses

Temporary housing, damaged personal property, increased utility costs, storage fees

Emotional Distress

Anxiety, stress, and discomfort from living in substandard conditions

Medical Expenses

Healthcare costs for conditions caused by habitability defects (mold, pests, etc.)

Relocation Costs

If you must move out, moving expenses and rent differential at new location

📊 Sample Damages Calculation

Example: 3 Months with No Heat and Plumbing Issues

Monthly rent paid $2,400
Fair value with defects (estimated 35% reduction) $1,560
Monthly overpayment $840
Rent reduction claim (3 months) $2,520
Space heater purchase $150
Increased electricity for heater $180
Plumber inspection (documentation) $125
Emotional distress $2,000
TOTAL DAMAGES CLAIM $4,975

💡 Small Claims Court

California small claims court limit is $12,500 for individuals. Most repair-related damage claims can be filed in small claims court without an attorney. You can recover rent overpayment, out-of-pocket costs, and reasonable emotional distress damages.

✅ Evidence Checklist

Gather this documentation to support your repair demand and potential legal action.

📷 Photo & Video Evidence

  • ✓ Dated photos of all repair issues (multiple angles)
  • ✓ Video walkthrough showing extent of problems
  • ✓ Photos showing progression/worsening over time
  • ✓ Measurements or scale references where relevant

📩 Written Communications

  • ✓ All prior repair requests (emails, texts, letters)
  • ✓ Landlord's responses or lack thereof
  • ✓ Maintenance portal/app request history
  • ✓ Notes from phone calls (date, time, who spoke)

📄 Lease & Records

  • ✓ Copy of your lease agreement
  • ✓ Rent payment history
  • ✓ Move-in inspection checklist
  • ✓ Certified mail receipt for demand letter

👥 Third-Party Documentation

  • ✓ Code enforcement inspection reports
  • ✓ Contractor/repair estimates
  • ✓ Receipts for repairs (if using repair and deduct)
  • ✓ Medical records (if health affected)

🔒 Preserve Your Evidence

Back up all photos and videos to cloud storage. Keep original documents in a safe place. Make copies before submitting anything to your landlord. This evidence may be critical if you end up in court.

📝 Sample Language

Copy and customize these paragraphs for your California repair demand letter.

Opening Paragraph
I am writing to formally demand that you make immediate repairs to my rental unit located at [PROPERTY ADDRESS]. As my landlord, you are legally obligated under California Civil Code Sections 1941 and 1941.1 to maintain this property in a condition fit for human habitation. The defects described below substantially impair the habitability of my unit.
Description of Defects - Plumbing
The [bathroom/kitchen] plumbing has been malfunctioning since approximately [DATE]. Specifically, [describe problem: no hot water / toilet constantly running / sink drain clogged / leak under sink]. I first reported this issue to you on [DATE] via [phone call / email / maintenance request]. Despite my requests, this issue remains unresolved. Under Civil Code 1941.1(a)(2), you are required to maintain plumbing facilities in good working order.
Description of Defects - Heating
The heating system in my unit has been non-functional since [DATE]. The [furnace / wall heater / central heating] fails to produce adequate heat, leaving my unit uncomfortably cold, particularly during evening hours. I have reported this issue on [DATES OF PRIOR REPORTS]. Civil Code 1941.1(a)(3) requires you to provide heating facilities capable of maintaining a reasonable temperature. This is especially urgent given current weather conditions.
Prior Notice History
I have previously notified you of these repair issues on the following dates: [DATE 1] (via [method]), [DATE 2] (via [method]), and [DATE 3] (via [method]). Despite these multiple requests over [NUMBER] weeks/months, you have failed to complete the necessary repairs. I have retained copies of all communications as evidence.
Demand and Deadline
I hereby demand that you complete all repairs described above within thirty (30) days of the date of this letter, no later than [SPECIFIC DATE]. This timeframe constitutes reasonable notice under California Civil Code Section 1942. If you fail to complete these repairs by this deadline, I will exercise my legal rights, which may include: (1) the repair and deduct remedy under Civil Code 1942; (2) rent withholding under Green v. Superior Court; (3) filing a complaint with local code enforcement; and/or (4) pursuing legal action for damages.
Anti-Retaliation Warning
Please be advised that California Civil Code Section 1942.5 prohibits landlord retaliation against tenants who complain about habitability issues or exercise their legal rights. Any retaliatory action, including eviction, rent increase, or reduction of services within 180 days of this letter will be presumed retaliatory and will expose you to additional liability including damages, attorney's fees, and potential punitive damages.
Closing Paragraph
I trust you will take immediate action to address these serious habitability concerns. Please contact me within five (5) business days to schedule a time for repair work to be completed. I can be reached at [PHONE NUMBER] or [EMAIL ADDRESS]. Failure to respond or make timely repairs will leave me no choice but to pursue my legal remedies. This letter is being sent via certified mail, return receipt requested, as documentation of formal notice.

🚀 Next Steps

What to do after sending your repair demand letter.

Timeline After Sending

Day 1-3: Confirm Delivery

Track your certified mail to confirm the landlord received your letter. Keep the delivery confirmation as evidence.

Day 3-7: Expect Acknowledgment

A responsive landlord should contact you to acknowledge receipt and discuss repair scheduling. Document any communication.

Day 7-14: Repair Scheduling

Landlord should schedule contractors or begin repair work. If no response, consider following up in writing.

Day 30: Deadline Expires

If repairs are not complete, you may now exercise repair and deduct or other remedies under Civil Code 1942.

If Landlord Doesn't Respond

  1. File a Code Enforcement Complaint

    Contact your local building or housing department to request an inspection. Code enforcement can order repairs and impose fines on the landlord.

  2. Use Repair and Deduct (Civil Code 1942)

    After 30 days, hire a licensed contractor to make repairs. Keep all receipts. Deduct the cost (up to one month's rent) from your next rent payment. Send landlord copies of receipts.

  3. Consider Rent Withholding

    For serious, ongoing issues, you may stop paying rent. Set aside withheld rent in a separate bank account. This is a defense to eviction if properly executed.

  4. File a Small Claims Lawsuit

    Sue for damages up to $12,500 in small claims court. No attorney needed. Bring all your documentation.

⚠ If You Receive an Eviction Notice

If your landlord tries to evict you after you've demanded repairs, this may be illegal retaliation. Habitability is also a complete defense to eviction for nonpayment of rent. Do not ignore the notice. Respond to the court within 5 days. Raise retaliation (CC 1942.5) and habitability as defenses. Consider consulting a tenant rights attorney immediately.

Need Professional Assistance?

I'm Sergei Tokmakov, a California attorney. For repair disputes and landlord-tenant matters, I offer:

Demand Letter Drafting
$450 flat fee
Strategy Consultation
$240/hour
Small Claims Prep
$240/hour
Full Representation
$240/hour
Contact Attorney

California Resources

  • CA Dept. of Consumer Affairs: dca.ca.gov - Free tenant rights handbook
  • Local Housing Authority: File habitability complaints and request inspections
  • Legal Aid: lawhelpcalifornia.org - Free legal help for qualifying tenants
  • Housing Rights Center (LA): 1-800-477-5977 - Tenant rights hotline
  • California Civil Code: leginfo.legislature.ca.gov - Read the actual statutes