How can a tenant in California legally break a lease agreement due to uninhabitable living conditions?

In California, you can legally break a lease if the landlord fails to repair serious problems that make the unit uninhabitable, a process known as "constructive eviction." Here's how to do it correctly under California Civil Code Section 1942. Step 1: Document the Uninhabitable Conditions Thoroughly document all problems that make your rental unit unlivable. Take clear photos and videos. Keep a dated log of all issues, such as a lack of hot water, a broken heater, a severe pest infestation, or significant mold. These conditions must violate California's "implied warranty of habitability" as outlined in Civil Code 1941.1. Step 2: Give Your Landlord Written Notice You must formally notify your landlord of the necessary repairs in writing. Send this notice via certified mail with a return receipt requested to prove they received it. The letter should clearly list all the defects and state that they must be repaired for the unit to be habitable. Step 3: Allow a "Reasonable Time" for Repairs After your landlord receives the notice, you must give them a "reasonable" amount of time to make the repairs. While the law does not define a specific period, 30 days is generally considered reasonable. For more urgent issues, like no heat in winter, a shorter period may be appropriate. Step 4: Notify the Landlord of Your Intent to Vacate If the landlord does not make the repairs within a reasonable time, you must send a second written notice. This notice should state that because they failed to fix the uninhabitable conditions, you are exercising your right under Civil Code 1942 to vacate the premises, which will terminate your lease agreement. Include your move-out date in the letter. Step 5: Move Out and Return the Keys Move out of the property by the date specified in your final notice. Clean the unit and take move-out photos to protect your security deposit. Return the keys to the landlord and get a receipt if possible. Important Details and Nuances: The defect must be serious, not a minor cosmetic issue. You cannot have caused the problem through your own negligence or willful damage. Always keep copies of all correspondence, photos, and mail receipts as evidence. Warnings and Limitations: This process is a legal remedy that can be challenged. If your landlord sues you and a judge determines the conditions were not severe enough to be legally "uninhabitable," you could be held liable for the remaining rent on the lease. You cannot use this remedy if you are behind on rent. This is general information and does not constitute legal advice. For complex situations or to ensure you are protected, consult with a qualified California attorney.