Repairs & Habitability: Daly City vs San Mateo
How do repairs & habitability rules compare between Daly City, CA and San Mateo, CA?
Daly City and San Mateo have similar restriction levels.
Daly City, CA
San Mateo County
California landlords must keep rentals fit to live in. Civil Code §§ 1941 and 1941.1, reinforced by Green v. Superior Court, imply a warranty of habitability covering plumbing, heat, water, electricity, and sanitation. If repairs fail after notice, a tenant may repair and deduct up to one month's rent under § 1942 or withhold rent.
View full Daly City rules →San Mateo, CA
San Mateo County
California landlords must keep rentals fit to live in. Civil Code §§ 1941 and 1941.1, reinforced by Green v. Superior Court, imply a warranty of habitability covering plumbing, heat, water, electricity, and sanitation. If repairs fail after notice, a tenant may repair and deduct up to one month's rent under § 1942 or withhold rent.
View full San Mateo rules →Key Facts Comparison
| Fact | Daly City | San Mateo |
|---|---|---|
| Warranty | Implied in every residential lease (Green v. Superior Court) | Implied in every residential lease (Green v. Superior Court) |
| Repair-and-deduct cap | One month's rent (Civ. Code § 1942) | One month's rent (Civ. Code § 1942) |
| Frequency | No more than twice per 12 months | No more than twice per 12 months |
| Reasonable repair time | 30 days presumed (after notice) | 30 days presumed (after notice) |
| Statutes | Civ. Code §§ 1941, 1941.1, 1942 | Civ. Code §§ 1941, 1941.1, 1942 |
Highlighted rows indicate differences between cities.
Daly City FAQ
What makes a California rental legally uninhabitable?
Civil Code § 1941.1 lists conditions like lacking effective waterproofing, working plumbing or heating, hot and cold running water, electrical lighting, sanitary premises, or sound floors and stairways. Substantial failure of these makes a unit untenantable.
Can a California tenant repair and deduct?
Yes. Under Civil Code § 1942, after notifying the landlord and waiting a reasonable time (30 days is presumed reasonable), a tenant may make repairs and deduct the cost, up to one month's rent, no more than twice in any 12-month period.
Can a tenant withhold rent in California for bad conditions?
Yes. Under the implied warranty of habitability recognized in Green v. Superior Court, a tenant facing serious uninhabitable conditions may withhold rent and raise habitability as a defense if the landlord sues for nonpayment.
San Mateo FAQ
What makes a California rental legally uninhabitable?
Civil Code § 1941.1 lists conditions like lacking effective waterproofing, working plumbing or heating, hot and cold running water, electrical lighting, sanitary premises, or sound floors and stairways. Substantial failure of these makes a unit untenantable.
Can a California tenant repair and deduct?
Yes. Under Civil Code § 1942, after notifying the landlord and waiting a reasonable time (30 days is presumed reasonable), a tenant may make repairs and deduct the cost, up to one month's rent, no more than twice in any 12-month period.
Can a tenant withhold rent in California for bad conditions?
Yes. Under the implied warranty of habitability recognized in Green v. Superior Court, a tenant facing serious uninhabitable conditions may withhold rent and raise habitability as a defense if the landlord sues for nonpayment.
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