“Is This an Emergency?” – Immediate Repair & Temporary‑Housing Rights for California Tenants

Your Unit Just Became a Hazard—Now What?

Let’s get real: If your ceiling collapses, raw sewage backs up into the kitchen, or you’re freezing in December with no heat, you’re not in a housing “dispute.” You’re in a health and safety emergency—and California law treats it that way.

Your next moves matter. Done right, they trigger the landlord’s legal obligations to fix the issue fast—and potentially house you elsewhere while they do it. Done wrong, and you’re stuck footing the bill.

What Counts as an Emergency?

Here’s the basic test: Would any reasonable adult say the condition is unsafe or unlivable? Think gas leaks, floods, mold, sewage, no working toilet, no heat in winter, electrical sparks. That’s the top of the list.

Landlords don’t get to define “emergency.” The law does:

• Civil Code § 1941.1 / § 1942: Outlines basic habitability. If it’s breached, you may withhold rent or “repair and deduct.”

• Health & Safety Code § 17920.3: Adds weight—mold, electrical danger, lack of sanitation.

• Local ordinances (Downey, LA County, Long Beach): Trigger relocation duties when repairs force you out.
  
  

⚠️ If it’s urgent, you’re not waiting 30 days. You’re demanding a response in 24–48 hours.

Emergency vs. Inconvenience: Know the Line

What to Do—Step by Step

1. Protect Yourself First

Smell gas? Call 911 and SoCal Gas. Flooding? Shut off the main if safe. Your safety trumps your lease.

2. Notify the Landlord in Writing—Fast

Text, email, written note—just get it timestamped. Say:

“Emergency habitability issue—please respond within 24 hours.”

You’re not asking for a favor. You’re putting them on legal notice.

3. Document Like You’re Going to Court

Photos. Videos. Time-stamped messages. Save everything—assume this ends up in front of a judge or a code enforcement officer.

4. Call Code Enforcement

In Downey: (562) 904-2392. If they inspect and post a “Do Not Occupy,” that triggers relocation obligations.

Don’t assume they’ll come unless you press them.

Temporary Housing: Who Pays?

If you can’t stay in the unit safely while repairs happen, here’s the hard truth: most landlords won’t volunteer—They usually have to pay.

Your options:

• Ask your landlord in writing to arrange and pay for hotel/housing.

• If you pay out of pocket, keep receipts and deduct from rent under Civil Code § 1942 (after proper notice).

• “Comparable” housing doesn’t mean a roachy motel 15 miles away. It means the same general area, safe, similar size. Wheelchair accessible if needed.

💡 Downey-area landlords often shell out $200–$250/night for hotel stays. If you lose kitchen use, they may also owe you for meals and laundry. Push for full reimbursement.

The Clock is Ticking—What If They Stall?

If it’s been more than 3–5 days with no fix or meaningful progress, here’s your leverage:

• Withhold Rent (Civil Code § 1942.4) – But only if it’s truly uninhabitable and you gave notice.

• Repair & Deduct – Up to one month’s rent, twice per year.

• File Complaint with CRD or HUD – If you’re being retaliated against or denied accommodations.

These moves aren’t casual. Use them strategically—with receipts and a clear paper trail.

Special Situations: Families with Disabled Kids

If you’ve got a child with medical or developmental needs, don’t go it alone:

• Mention equipment, service animals, sensory needs, or therapy schedules in your emergency notice.

• Ask your Regional Center for a supporting letter—these carry serious weight.

• Request accommodations like rent deferment or waiver of late fees if your routine is disrupted.

Don’t Get Played by Band-Aid Fixes

If your landlord patches the drywall but leaves the leak? You’re still legally dealing with a habitability issue.

Take new photos. Restart the documentation. Re-notify in writing. Don’t let “cosmetic fixes” shut down your rights.

Bottom Line

• Emergency? Act like it. Write, document, escalate.

• If your place becomes unsafe, the landlord’s duty goes beyond repairs—they may owe you housing, reimbursements, and more.

• Keep receipts. Be relentless. The law’s on your side—but only if you use it.

Need help walking through this? Contact South L.A. Tenant Assistance Group. They know the drill and can guide you.