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

Not right away. You must give written notice, wait for the landlord to respond, and follow California's repair and deduct process before withholding rent.

How much can I deduct from my rent when I pay for repairs?

You may deduct up to the actual cost of the repair, but only up to one month's rent, and no more than twice in any 12-month period.

What happens if my landlord tries to evict me after I withhold rent or repair and deduct?

If you followed required legal procedures, you can state your defense in court using California Courts Form UD-105 and supporting documentation.

Does California offer a state rent escrow program?

No, but some local courts may allow renters to pay into escrow during active repair disputes by court order.

Is there a required form for requesting repairs from a landlord?

No statewide form is required. Any written notice or letter with clear details is acceptable, but always keep a copy for your records.

California Rent Escrow and Withholding for Repairs

Maintenance, Repairs & Habitability California published: June 21, 2025

If you’re a renter in California facing ongoing repair or maintenance issues—like leaks, broken heaters, or unsafe living conditions—you have certain rights under the law. California’s tenant protection laws give renters the right to safe, habitable homes. If your landlord is not making necessary repairs, you may have options like rent withholding or using a rent escrow account. Understanding the correct process is vital to avoid eviction or legal problems, and to ensure your home remains safe and livable.

What is Rent Escrow and Why Is It Used?

Rent escrow is a process allowing renters to pay their rent to a neutral third party or official account, rather than directly to the landlord, when there are serious repair issues. This helps ensure the landlord takes needed action to fix unsafe or unhealthy conditions.

California law requires landlords to provide "habitable" housing—meaning essentials like running water, heat, and working plumbing.
When landlords don't respond to repair requests, renters can sometimes legally withhold rent or use their rent to pay for repairs.
Failure to follow the legal process could lead to eviction or losing your protections. Proceed carefully and document everything.

When Can Renters Legally Withhold Rent or Use Rent Escrow?

California renters may withhold rent or use rent escrow only if:

The repair needed affects health, safety, or habitability (such as no heat, broken locks, or major plumbing issues).
The renter gives the landlord reasonable written notice and time to fix the problem (often 30 days, but less if urgent).
The issue was not caused by the tenant, their family, or guests.

It's important to try all other solutions—like making a repair request in writing—before withholding rent. In many cities and counties, local regulations or code enforcement can also help resolve ongoing habitability issues.

How to Legally Withhold Rent or Repair and Deduct in California

California doesn’t have a state-run “rent escrow” program, but state law does allow renters to repair a problem themselves and deduct the reasonable cost from rent. This is known as the "repair and deduct" remedy.

Repair and Deduct Procedure

Give the landlord written notice of the issue. Save a copy and record the date sent.
If the landlord does not make the repair in a reasonable time (often 30 days, or sooner if urgent), you may pay for the repair yourself.
You can deduct the cost from one month's rent, up to twice per 12-month period.
Keep all receipts and document the condition before and after the repair.

Always provide written notice and reasonable time for the landlord to act before deducting repair costs or withholding rent. Failure to follow these steps can risk eviction.

Notifying Local Code Enforcement

In many situations, contacting your local city or county code enforcement office or housing department can add additional protection. If inspectors find a violation, they may require the landlord to fix it.

The official tribunal for residential tenancy issues in California is your local Superior Court (find your local Superior Court here). For habitability or repair-related disputes, you may need to respond in court if an eviction is filed.

Official Forms: What’s Available for California Renters?

Repair and Deduct Letter
(No official statewide form, use a written notice)

Send your landlord a dated, signed written notice outlining the habitability issue, your request for repair, and the intent to repair and deduct (if not fixed in a reasonable time). Sample letter templates are offered by the California Department of Consumer Affairs.

Example: Jessica notices her apartment has mold and writes her landlord a letter asking for repairs. When there's no response in 7 days and the issue is urgent, she pays for remediation herself and deducts the cost from her next rent payment, attaching copies of her letter and receipts.
Code Enforcement Complaint Form
(Local city or county forms)

If your landlord fails to make repairs, you can file a complaint with your city or county housing/code enforcement office. Each city has its own form or online portal (for example, Los Angeles Report a Code Violation).

Example: A renter in San Diego submits a housing code complaint online after repeated requests for heating repairs are ignored.
Answer - Unlawful Detainer (Form UD-105)
Official court form UD-105

Use this form to respond if your landlord files an eviction (unlawful detainer) case against you, particularly if you withheld rent for valid repair issues.

Example: After withholding rent for an unaddressed plumbing leak, the tenant receives an eviction notice. She files Form UD-105 with the Superior Court to state that the home was not habitable and she followed repair and deduct rules.

Relevant California Legislation

California’s key tenant protections—including "repair and deduct" and habitability requirements—are in the California Civil Code Sections 1941–1942. For eviction protections, see California Civil Code Sections 1946–1954.

FAQs on Rent Withholding and Repairs in California

Can I stop paying rent if my landlord won’t make repairs?
Not immediately. You must follow California’s "repair and deduct" or legal withholding process. Provide written notice and allow reasonable time for repairs first.
How much can I deduct from my rent for repairs?
You may deduct the reasonable cost, but only up to one month’s rent, and no more than two times per year.
What if my landlord tries to evict me after I withhold rent?
If you followed proper procedures, you can state your defense in court using Form UD-105. Keep all paperwork as proof.
Does California have a state rent escrow program?
No, but some cities or courts may allow rent to be paid into escrow by court order during disputes.
Do I need to use a special form for repair requests?
No. Written notice (letter, email, repair log) is sufficient, but use clear documentation and keep copies.

Conclusion: What California Renters Should Remember

Always notify your landlord in writing about needed repairs and allow reasonable time for them to be fixed.
California law allows you to repair and deduct, or in rare situations withhold rent, but only if you follow strict procedures.
Use local code enforcement and court forms if problems persist or if facing eviction.

Understanding your rights and responsibilities helps keep you protected and your home safe.