No Heat or Hot Water: California Tenant Rights

The short answer

California rentals must have working heat and hot water. Civil Code § 1941.1(a)(3) requires a water supply capable of producing hot and cold running water, and § 1941.1(a)(4) requires heating facilities maintained in good working order. Lack of hot and cold running water and lack of adequate heating are also substandard conditions under Health and Safety Code § 17920.3(a)(5) and (a)(6). If the landlord does not repair them within a reasonable time after notice, you may have a claim.

What the landlord must do

• Repair or replace broken heaters and water heaters promptly
• Restore gas or utility service the landlord is responsible for
• Not shut off utilities to pressure a tenant to leave

Repair and deduct

Civil Code § 1942 lets a tenant, after notice and a reasonable time (presumed to be 30 days), pay for a repair costing up to one month's rent and deduct it from the rent, no more than twice in 12 months. Talk to a lawyer before using it.

What you may recover

• Partial rent refund for the time without heat or hot water
• Costs of space heaters, showers elsewhere and hotel stays
• Medical costs and emotional distress

Last reviewed: November 2026 · Ironcrest Law Firm LLP. This page is general information about California law, not legal advice for your situation.