Demanding Repairs Before Move-In: California Renters Guide

Getting ready to move into a new rental in California? Ensuring your unit is safe and habitable from day one is your legal right. This guide explains how you can demand necessary repairs before move-in, what official steps to follow, and where to get support, all based on California’s current tenant protection laws.

What Are Your Rights as a California Renter?

Every California renter is entitled to a rental home that meets minimum health and safety standards. This is called the "implied warranty of habitability," which is protected by California Civil Code Section 1941.

• All plumbing, heating, and electrical systems must be in safe working order
• No significant leaks, mold, or infestations
• Doors and windows must lock securely
• Premises must be free from structural hazards

Before you move in, it's best to confirm your rental meets these standards. If you discover issues, you have the right to request repairs before accepting the keys.

Conducting a Pre-Move-In Inspection

It’s helpful to do a thorough walk-through of your rental before your move-in date. Bring a checklist, take notes, and snap photos of any damage or issues you find. Many California property managers offer a pre-inspection form, but renters can also use the California Department of Consumer Affairs’ suggestions on inspection best practices.

Key Areas to Check

• Leaking faucets, pipes, or toilets
• Non-working lights or power outlets
• Broken windows, locks, or doors
• Odd smells, visible mold, or pests
• Issues with heating or air conditioning

Document all problems clearly so you can share them with the landlord promptly.

How to Request Repairs Before Moving In

Once you've identified issues, you need to notify the landlord or property manager in writing. This creates a record and gives the landlord a chance to fix the problems before you move in.

Official Notice: Sample Form and How to Use It

• Form Name: California Sample Repair Request Letter
• Form Number: No official number; you must write a letter or use a template from the California Department of Consumer Affairs.

Use the sample letter if you notice any habitability problems (like broken locks or leaks). Fill in details about the unit, list the issues, and specify that you’re requesting these be fixed before you move in. Submit your letter to the landlord by email or certified mail and keep a copy for your records.

What If the Landlord Refuses or Delays Repairs?

If repairs aren’t completed before your move-in date, you can:

• Delay moving in until repairs are made
• Negotiate a written agreement on when repairs will be done (get it in writing!)
• Contact local code enforcement if there are major health or safety violations. See the California Department of Industrial Relations for contact info

Important California Tenant Law and Tribunals

California renters are protected under the California Civil Code Section 1941 and related laws. The California Department of Consumer Affairs is the primary resource for tenant-landlord questions. For unresolved disputes, renters can also turn to their local city’s housing authority or code enforcement office.

Next Steps: Action Plan for Renters

Here’s a summary of the steps to protect your rights and demand repairs before move-in:

• Inspect the rental before accepting the keys
• List and document needed repairs with photos and notes
• Fill out and send a written repair request letter
• Follow up if repairs aren’t done – and keep all responses
• Contact local authorities if health or safety risks remain

FAQ: Demanding Pre Move-In Repairs in California

1. Do I have to move in if the repairs aren't done?
   No, you are not required to accept the unit if it is not habitable on the agreed move-in date. Try to get any promises about repairs in writing and consider delaying your move until repairs are finished.
2. What if the landlord refuses to fix major health or safety issues?
   You can contact your city’s code enforcement office, and you may have the right to cancel your lease if the unit is not habitable under California law.
3. Is there an official form for requesting repairs?
   There is no numbered state form, but you can use the sample repair request letter from the California Department of Consumer Affairs.
4. Can I make repairs myself and deduct the cost?
   Not before moving in. This remedy ("repair and deduct") is only for current tenants, after following strict legal steps.
5. Who enforces California rental laws?
   The California Department of Consumer Affairs provides guidance, while local housing or code enforcement agencies address violations directly.

Key Takeaways for California Renters

• Inspect your rental thoroughly before move-in and document everything
• Submit a written repair request for any issues—use an official sample letter
• Do not accept the keys until major repairs are completed

Preparation and clear communication protect both your safety and your rights.

Need Help? Resources for Renters

• California Department of Consumer Affairs – Tenant Resources
• California Tenants: A Guide to Repairs
• California Department of Housing & Community Development
• California Courts Self-Help: Housing Issues

---

1. California Civil Code Section 1941 – Landlord’s Responsibility for Habitability
2. California Department of Consumer Affairs – Repairs

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations