A tenant can also sue the landlord for a partial refund of past rent paid, and in some circumstances can sue for the discomfort, annoyance and emotional distress caused by the substandard conditions.

If a California landlord fails to repair and maintain either the premises or the rental unit such that the unit has or is becoming uninhabitable, the tenant should immediately complain to the landlord in writing. The letter should state the deficiencies in detail, the effect the deficiencies are having on the occupant's health and safety, and provide a reasonable date by which the tenant expects the needed repairs to be made. 15 to 30 days is generally reasonable depending on the severity of the situation. If the only toilet in the rental unit is not working 24 hours may be reasonable. The letter should be sent certified mail with return receipt and via confirmed facsimile and/or email (if possible). The tenant should retain a copy of the letter and the return receipt. Second, if you live in a city with rent control, contact the housing department and register a complaint with them. If you still have no luck you can: (1) make the repairs yourself and deduct the cost of the repairs from the rent (discussed in more detail below); (2) move out and sue your landlord for your moving costs, set up fees, and higher rent for the balance of your original lease term; (3) organize with other tenants in the building and hire an attorney to represent all of your interests (if the landlord isn't maintaining one unit, he probably isn't maintaining the others either); or (4) withhold rent (Never Recommended).

Tenants should check the state and local laws to understand the available remedies in their particular jurisdiction before taking any action such as withholding rent.