Important: Homzora is a housing research publisher, not a law firm, and nothing on this page is legal advice. This article is general information about the law as published by government and court sources at the time of writing, and it may not reflect later changes or the facts of your situation. Reading it does not create an attorney and client relationship. For advice about your situation, contact a licensed attorney or a legal aid organization in your state.
About 61.8 percent of occupied homes in San Francisco are rented, since the Census Bureau puts the owner occupied housing rate at 38.2% for 2020 to 2024, and the median gross rent is $2,476 a month (U.S. Census Bureau QuickFacts, San Francisco). Every one of those renters is entitled to a home that meets basic standards for safety and health under California law.
This guide explains what repairs a landlord in San Francisco must make, how to give notice the right way, which remedies the law allows, such as repair and deduct, rent escrow, or ending the lease, and which steps can backfire, such as withholding rent where the law does not allow it. It also lists where to report unsafe conditions.
Quick answers
- Standards: a statutory list including waterproofing, plumbing, heat, and, for newer leases, a working stove and refrigerator (Cal. Civ. Code § 1941.1).
- Repair and deduct: up to one month’s rent, no more than twice in 12 months (Cal. Civ. Code § 1942).
- Reasonable time: 30 days is presumed reasonable (Cal. Civ. Code § 1942).
- Retaliation: barred for 180 days after a repair request (Cal. Civ. Code § 1942.5).
What makes a home habitable
California law lists conditions that make a rental untenantable if they are substantially lacking, including effective waterproofing, working plumbing and gas, hot and cold running water connected to sewage, heating, electrical systems, clean premises free of debris and vermin, garbage receptacles, and safe floors, stairs, and railings. For leases entered into, amended, or extended on or after January 1, 2026, the list also includes a working stove and a refrigerator capable of safely storing food, with some exemptions (Cal. Civ. Code § 1941.1).
Repair and deduct
After you give written or oral notice and the landlord fails to repair within a reasonable time, you may make the repair and deduct the cost from rent, up to one month’s rent, no more than twice in any 12 month period. Acting after 30 days is presumed reasonable. Instead, you may move out and owe no further rent (Cal. Civ. Code § 1942).
When the landlord cannot collect rent
If a public officer has given the landlord written notice of substantial habitability violations and they are not fixed within 35 days, through no fault of the tenant, the landlord may not collect rent, raise rent, or serve a 3 day notice for unpaid rent. A tenant can recover actual damages plus $100 to $5,000 (Cal. Civ. Code § 1942.4). That makes an inspection by your city or county code office an important step.
Retaliation
A California landlord may not retaliate by raising rent, cutting services, or seeking an eviction within 180 days after you make a repair request or complain to an agency, and punitive damages of $100 to $2,000 per act are possible for fraud, oppression, or malice (Cal. Civ. Code § 1942.5).
Reporting problems in San Francisco
In San Francisco, call the Department of Building Inspection’s Housing Inspection Services at 628.652.3700 for residential maintenance, or 628.652.3400 for structural, electrical, or plumbing hazards (San Francisco Department of Building Inspection, Filing a complaint).
Free help in San Francisco
The California courts’ self help guide covers tenant rights, and every superior court has a self help center (California Courts Self Help Guide, Eviction). For other assistance, call 211 (211.org).
Fair housing
The federal Fair Housing Act prohibits discrimination in rental terms because of race, color, religion, sex, familial status, national origin, or disability (42 U.S.C. § 3604). HUD accepts complaints (HUD, File a Complaint).
How to write a repair request
A clear written request is the foundation of every remedy in this guide. Date it, describe the problem and where it is, say when it started, attach photos, and ask for a repair by a specific reasonable date. Keep a copy and proof of delivery.
Date: 2026. To: [landlord or manager]. Re: Repairs needed at [address, unit]. I am writing to request repair of the following: [describe each problem, its location, and when it began]. Photos are attached. This affects [heat, water, safety, or use of the unit]. Please make the repairs by 2026 and let me know when you will need access. Sincerely, [name, phone].
Emergency or routine?
Problems such as no heat in cold weather, no water, a gas smell, sparking wiring, sewage backups, or a broken exterior lock are emergencies that usually carry shorter deadlines and may justify calling the city right away, or 911 if anyone is in danger. A dripping faucet or a worn carpet is routine. Label your request clearly so the landlord knows which kind it is, and follow up in writing if the problem worsens.
Mistakes to avoid
- Only calling. A phone call rarely proves notice; follow up in writing.
- Stopping rent without following the rules. Unlawful withholding can lead to an eviction.
- Making repairs yourself without checking the limits. Many states cap repair and deduct or require a licensed contractor.
- Refusing access. Let the landlord in at reasonable times with proper notice to make the repair.
- Throwing away damaged property. Photograph it first; it may be evidence.
Document the problem
- Take dated photos and video when the problem starts and as it changes.
- Keep a log of every contact with the landlord, including dates and names.
- Save receipts for anything you spend because of the problem, such as space heaters, hotel stays, or spoiled food.
- Keep copies of inspection reports and notices from the city.
- Note any health effects and any days you could not use part of the home.
Mold, pests, and leaks
Moisture problems tend to spread, so report leaks and visible mold quickly and in writing. Keep the area ventilated, avoid covering mold with paint, and ask the landlord how the source of the moisture will be fixed rather than only the visible damage. For pests, ask what treatment will be used and when, and follow any preparation instructions so the treatment works.
When conditions make you want to move
If the landlord will not make serious repairs, moving out may feel like the only option, but leaving without following your state’s rules can leave you owing rent. Use the notice procedure described above, keep copies, and get advice before you move. If you do leave, photograph the unit, return the keys, and give a forwarding address in writing.
Renter’s insurance
A landlord’s insurance generally covers the building, not your belongings. If a leak, fire, or break in damages your property, renter’s insurance may cover it regardless of whose fault it was. Review your policy for water damage and mold exclusions, and report losses promptly with photos and receipts.
Working with a code inspector
A city or county inspection creates an independent record of the problem. Be home for the visit if you can, point out every issue, and ask the inspector how the landlord will be notified and when a reinspection will happen. Ask for a copy of the report or the case number, and keep it with your repair records. If the landlord fixes only part of the problem, tell the inspector before the reinspection.
Repairs and your security deposit
Problems that you reported and the landlord did not fix should not be charged to you when you move out. Keep your written repair requests and photos until your deposit is fully returned, and point to them if the landlord tries to deduct for the same damage.
Accessibility changes
The federal Fair Housing Act makes it unlawful to refuse to let a tenant with a disability make reasonable modifications needed to fully use the home, at the tenant’s expense, and to refuse reasonable accommodations in rules and policies (42 U.S.C. § 3604). Put the request in writing and explain what change is needed.
Frequently asked questions
Can I repair and deduct in California?
Yes, up to one month’s rent, twice in 12 months, after notice and a reasonable time (Cal. Civ. Code § 1942).
Does my landlord have to provide a refrigerator?
For leases entered into, amended, or extended on or after January 1, 2026, a working stove and refrigerator are on the habitability list, with exemptions (Cal. Civ. Code § 1941.1).
Why should I call code enforcement?
An official notice that goes unremedied for 35 days can bar the landlord from collecting rent (Cal. Civ. Code § 1942.4).
Legal notice
Homzora is not a law firm and does not provide legal advice. Laws, court rules, and local programs change, and how they apply depends on your facts. Before you act on anything in this article, confirm the current rules with the court, a licensed attorney, or a legal aid organization.
Sources
- U.S. Census Bureau QuickFacts, San Francisco
- Cal. Civ. Code § 1941.1
- Cal. Civ. Code § 1942
- Cal. Civ. Code § 1942.5
- Cal. Civ. Code § 1942.4
- San Francisco Department of Building Inspection, Filing a complaint
- California Courts Self Help Guide, Eviction
- 211.org
- 42 U.S.C. § 3604
- HUD, File a Complaint