Tenant Rights: What If A Landlord Tries to Evict You For Requesting Repairs?

Picture this: Your apartment’s heating system breaks down during a cold California winter. You’ve made multiple requests for repairs, but your landlord hasn’t responded. When you finally send a formal letter demanding the necessary fixes, you receive an eviction notice the following week. Is this legal? The short answer: absolutely not.

In California, tenants have substantial legal protections against landlords who attempt to evict them for exercising their legal rights—including the right to request necessary repairs. This type of landlord action is called “retaliatory eviction,” and it’s explicitly prohibited under California law.

The Foundation: California’s Warranty of Habitability

Every residential lease in California comes with an implied “warranty of habitability,” meaning your landlord must maintain your rental unit in a condition fit for human occupancy. This isn’t just good practice—it’s the law.

Under California Civil Code § 1941.1, rental properties must include:

Effective waterproofing and weather protection
Plumbing and gas facilities in good working order
Hot and cold running water
Heating facilities in good working order
Electrical lighting and wiring maintained in good working order
Clean and sanitary buildings and grounds
Adequate trash receptacles
Floors, stairways, and railings in good repair

Additionally, California Health and Safety Code § 17920.3 identifies conditions that make a dwelling “substandard,” including inadequate sanitation, structural hazards, and faulty weather protection.

When these basic standards aren’t met, tenants have not only the right but sometimes the responsibility to bring these issues to their landlord’s attention.

How to Properly Request Repairs From Your Landlord

Before we discuss what happens when a landlord retaliates, let’s review the right way to request repairs:

Document the problem: Take photos and videos of the issue. Note when it began and how it affects your living conditions.
Notify your landlord in writing: While verbal notifications are valid, written documentation creates a paper trail. Send a dated letter describing the problem and requesting repairs within a reasonable time frame.
Keep copies of all communications: Save emails, text messages, and letters. Document phone calls with notes about the date, time, and content of the conversation.
Allow reasonable access: Your landlord has the right to enter your unit to make repairs with proper notice (usually 24 hours in California).
Follow up: If the problem persists after a reasonable time (typically 30 days, though shorter for urgent issues), send a follow-up letter restating your request.

What Constitutes Retaliatory Eviction in California?

Under California Civil Code § 1942.5, landlords cannot retaliate against tenants for exercising their legal rights. Specifically, a landlord cannot evict a tenant, increase rent, or decrease services within 180 days after a tenant:

Requests repairs to maintain habitability
Files a complaint with a governmental agency about housing conditions
Joins a tenants’ organization
Takes legal action against the landlord

If your landlord takes adverse action against you within this 180-day period after you’ve exercised any of these rights, the law presumes it’s retaliatory.

How California Law Protects Tenants Who Request Repairs

California law provides several important protections:

1. The 180-Day Presumption

If your landlord attempts to evict you, raise your rent, or reduce services within 180 days after you request repairs or report code violations, the court will presume it’s retaliation. The burden shifts to the landlord to prove they had a valid, non-retaliatory reason for their action.

2. Remedies for Uninhabitable Conditions

California Civil Code § 1942 allows tenants to:

Repair and deduct: If your landlord fails to fix a problem that makes your unit uninhabitable after receiving reasonable notice, you can repair it yourself and deduct the cost from your rent (limited to one month’s rent).
Withhold rent: In severe cases of uninhabitability, you may be able to withhold rent until repairs are made. However, this should only be done with careful consideration and ideally with legal help.
Move out: If conditions are so bad that they constitute a “constructive eviction,” you might be legally justified in breaking your lease without penalty.

3. Civil Penalties

If a court finds that your landlord retaliated against you, they can award:

Actual damages
Punitive damages (in cases of extreme landlord misconduct)
Attorney’s fees and court costs

Defending Against a Retaliatory Eviction

If you believe your landlord is retaliating against you for requesting repairs, here’s how to defend yourself:

1. Document Everything

Keep a detailed timeline of events
Save all communications with your landlord
Take photos and videos of the conditions needing repair
Keep records of any witnesses to the conditions or your requests
Maintain copies of repair requests and complaints filed

2. Respond Appropriately to Eviction Notices

If you receive an eviction notice:

Don’t ignore it, even if you believe it’s retaliatory
Review the notice carefully to identify the stated reason for eviction
Prepare your defense based on the retaliatory eviction protections
Consider consulting with a tenant rights attorney

3. Assert Your Retaliation Defense

In an unlawful detainer (eviction) proceeding, you can raise retaliation as an “affirmative defense” under California Code of Civil Procedure § 1161.

If the eviction attempt falls within 180 days of your repair request or complaint, you’ll have the legal presumption of retaliation on your side. The landlord will have to prove they had a valid, non-retaliatory reason for the eviction.

4. Consider Filing a Complaint

You can file a complaint with local housing authorities or the California Department of Fair Employment and Housing if you believe your rights have been violated.

Common Landlord Tactics and How to Counter Them

Be aware of these common tactics landlords might use to disguise retaliation:

“We need to renovate your unit”

If your landlord suddenly claims they need to perform major renovations after you’ve requested repairs, this may be a pretext for retaliation. Request specific details about the renovation plans and timeline in writing.

“We’re raising everyone’s rent”

If your rent increases shortly after requesting repairs, ask for documentation showing that all comparable units received the same increase at the same time.

“We’re enforcing policies we overlooked before”

Sudden enforcement of previously ignored rules (like no pets or storage on balconies) after you request repairs can indicate retaliation. Document how these rules were handled before your repair request.

Real-World Example: Smith v. Rental Housing Company

In a notable California case, a tenant complained about mold and water damage. Within weeks, the landlord issued a 60-day notice to terminate the tenancy, claiming they wanted to renovate. The court found this to be retaliatory, awarded damages to the tenant, and allowed them to remain in the unit with repairs completed.

Key Takeaways

California law specifically prohibits landlords from retaliating against tenants who request necessary repairs.
Document all repair requests and landlord communications in writing.
If adverse action occurs within 180 days of your repair request, the law presumes it’s retaliatory.
Remedies available to tenants include the repair and deduct option, rent withholding (in severe cases), and legal action.
Successful retaliation claims can result in the tenant staying in their home, damages, and attorney’s fees.

Frequently Asked Questions

How quickly must my landlord make repairs?

The law requires repairs within a “reasonable time,” which varies depending on the severity of the issue. Emergency repairs affecting health and safety should be addressed immediately, while less urgent matters might reasonably take up to 30 days.

Can I stop paying rent if my landlord won’t make repairs?

Withholding rent is a legal remedy in California, but it carries significant risks. The conditions must truly render the unit uninhabitable, and you should document everything thoroughly. Consider putting the rent in an escrow account to show good faith. Consulting with a tenant rights attorney before withholding rent is highly recommended.

What if my landlord says they’re evicting me for a different reason?

If the eviction occurs within 180 days of your repair request, the law presumes it’s retaliatory even if another reason is given. The landlord must prove they would have taken the same action regardless of your repair request.

Can my landlord enter my apartment without permission to make repairs?

In California, landlords must provide at least 24 hours’ written notice before entering your unit for non-emergency repairs. In genuine emergencies (like burst pipes), they may enter without notice.

What if I damaged the property myself?

Tenants are responsible for damages they cause beyond normal wear and tear. If you caused the damage, the landlord may legally bill you for repairs and potentially evict you if the damage was intentional or severe.

How do I prove the eviction is retaliatory?

The timing is crucial—if the eviction notice comes within 180 days of your repair request, the law presumes retaliation. Your documentation of the repair requests, conditions, and all communications will strengthen your case.