California’s SB 655 adds “excessive indoor heat” to the list of conditions that make a rental unit legally uninhabitable. Starting in 2026, tenants who live in sweltering apartments where the landlord has failed to provide adequate cooling can now pursue rent withholding, repair-and-deduct remedies, and damages under the warranty of habitability — the same legal framework used for mold, rodent infestations, and broken plumbing.

What Does SB 655 Add to California’s Habitability Standards?

SB 655 amends Civil Code §1941 to expressly include “excessive indoor heat” among the conditions that a landlord must prevent or remedy to keep a rental unit in a habitable condition. Before this law, excessive heat was not listed as a named habitability violation, which made it harder for tenants to invoke the warranty of habitability framework against landlords who refused to install or maintain air conditioning.

Under existing California law (Civil Code §1941–§1942.5), landlords are required to maintain rental property in a condition fit for human habitation. That obligation has always included protection from weather, but the specific application to extreme indoor heat was unclear. SB 655 removes that ambiguity.

Key elements of SB 655:

• Excessive indoor heat is a named condition under Civil Code §1941
• Landlords must take reasonable steps to prevent or remedy excessive heat conditions
• Tenants gain access to all existing habitability remedies when heat conditions are not addressed
• The law applies to all California residential rental properties subject to Civil Code §1941

What Temperature Qualifies as “Excessive Indoor Heat” Under SB 655?

SB 655 establishes temperature thresholds that define when indoor heat constitutes a habitability violation. While the precise regulatory thresholds may be refined through California Department of Public Health rulemaking, the legislative framework references conditions where indoor temperatures exceed levels that pose a risk to health — generally understood to mean sustained indoor temperatures above 82°F during sleeping hours or 90°F during waking hours without any accessible cooling mechanism.

The relevant factors in determining whether heat is “excessive” for legal purposes include:

• Indoor air temperature measured at habitable living areas (not just at the thermostat)
• Duration — brief temperature spikes differ from sustained heat over hours or days
• Humidity — high humidity dramatically increases the health risk of elevated temperatures
• Vulnerability of occupants — elderly, infants, and people with certain medical conditions face greater risk
• Whether the landlord provided, or failed to provide, functioning cooling equipment
• Whether the landlord was notified of the problem and failed to act

In the Bay Area — where historically mild weather has meant many older rental units lack central air conditioning — tenants in units that reach dangerous temperatures during increasingly common summer heat events now have a clear legal basis to demand that their landlord act.

What Are a Tenant’s Remedies Under SB 655?

By incorporating excessive heat into Civil Code §1941, SB 655 gives tenants access to the full toolkit of California habitability remedies. These include:

Repair and Deduct

Under Civil Code §1942, a tenant who has notified the landlord of a habitability defect and waited a reasonable period (generally at least 30 days, or less in an emergency) without a repair can:

• Hire a contractor or purchase equipment (such as an air conditioning unit) to address the problem
• Deduct the cost from the next month’s rent

The deduction is capped at one month’s rent and may be used only twice in any 12-month period. For heat-related issues, this remedy is particularly useful because a portable air conditioning unit or window unit may quickly resolve the problem.

Rent Withholding

Under the common law warranty of habitability as recognized in California (see *Green v. Superior Court*), a tenant may withhold rent — or pay reduced rent — when the rental unit is substantially uninhabitable. The withheld rent is typically deposited with the court in a “rent escrow” arrangement while the habitability dispute is resolved. SB 655 clarifies that excessive heat qualifies as such a substantial condition.

Constructive Eviction

If the heat conditions are severe enough that you are forced to leave the unit, you may have a constructive eviction claim. Constructive eviction allows you to terminate the lease and sue for damages — moving costs, the difference between your old rent and new rent for a comparable unit, and other out-of-pocket expenses.

Affirmative Damages Action

Under Civil Code §1942.4, tenants can sue for actual damages, including:

• Reduced rental value during the period of uninhabitability
• Costs of hotels, cooling equipment, or medical treatment related to heat exposure
• General damages for discomfort and annoyance
• Emotional distress damages in egregious cases

Retaliatory Eviction Defense

If a landlord tries to evict you after you complain about excessive heat, California’s anti-retaliation statute (Civil Code §1942.5) protects you. A landlord cannot increase rent, decrease services, or file an eviction within 180 days of a tenant’s good-faith complaint about habitability conditions.

What Are a Landlord’s Obligations Under SB 655?

Under SB 655, landlords must:

1. Provide a means of cooling — this does not necessarily mean central air conditioning; appropriate solutions may include functioning window or wall AC units, effective ventilation, or other cooling mechanisms appropriate to the building and climate
2. Respond promptly to heat complaints — once a tenant notifies the landlord in writing of excessive heat conditions, the landlord must respond and remedy the condition within a reasonable time
3. Maintain existing cooling equipment — if the unit already has AC or fans installed, the landlord must maintain them in working condition under Civil Code §1941.1
4. Not retaliate against tenants who assert heat-related habitability rights

Landlords who fail to address documented heat conditions after proper notice face escalating legal exposure: repair-and-deduct deductions from rent, rent withholding claims, and civil damages actions.

How Should Tenants Document Excessive Heat for a Legal Claim?

Strong documentation is essential to a successful habitability claim based on excessive heat. Bay Legal, PC recommends the following documentation strategy:

Physical Evidence:

• Purchase an inexpensive indoor thermometer and take readings at multiple times of day, particularly during the hottest periods
• Photograph the thermometer readings with timestamps — your smartphone’s camera stores GPS and time data in the image metadata
• Photograph any cooling equipment that is broken or absent from the unit
• Keep records of local weather data showing outdoor conditions during the period in question

Notice Documentation:

• Send written notice to the landlord by email or text (so you have a timestamp) describing the heat conditions, the temperature readings, and the health impact on you or your family
• Follow up with a certified mail letter if the landlord does not respond
• Keep copies of all correspondence

Health and Medical Records:

• If you or a family member sought medical treatment related to heat exposure, keep those records
• Document any heat-related symptoms, especially for vulnerable occupants (elderly, children, pregnant women)

Third-Party Evidence:

• Your neighbors’ observations of extreme heat in the building
• Any building inspection reports or housing authority complaints
• Prior tenants’ complaints to the landlord (may be obtainable through discovery)

How Does SB 655 Interact With Existing Habitability Law?

California’s habitability framework was already one of the strongest in the country before SB 655. The new law fits into an established structure:

The addition of excessive heat to this list is significant because it gives tenants access to the full Civil Code §1941–§1942.5 framework — the same procedural protections, notice requirements, and remedies that apply to all other habitability conditions.

For related reading, see our post on AB 2801 Security Deposit Photo Documentation and our Landlord-Tenant Law practice area.

Frequently Asked Questions

Does SB 655 require landlords to install air conditioning in all California rental units?

SB 655 requires landlords to prevent or remedy “excessive indoor heat,” but it does not mandate a specific solution. In most cases, providing and maintaining functioning air conditioning or an adequate number of window/wall units will satisfy the obligation. For buildings where air conditioning is impractical, effective ventilation and shading solutions may be acceptable alternatives in some climates. The standard is whether the landlord has taken reasonable steps to prevent conditions that pose a health risk.

My landlord says it’s not their responsibility because the heat is coming from outside — is that right?

No. Landlords cannot escape habitability obligations simply because the source of the problem is an external weather event. California’s warranty of habitability requires landlords to maintain units that are livable under normal conditions — and increasingly extreme summer heat events are a foreseeable “normal” condition in California. A landlord’s duty to provide cooling is triggered by the conditions inside the unit, not just by whether the landlord caused those conditions.

How much notice do I have to give my landlord before I can use repair-and-deduct?

Under Civil Code §1942, you generally must give the landlord notice and a “reasonable time” to make repairs before using the repair-and-deduct remedy. In most cases, California courts have found 30 days to be a reasonable period. However, for conditions posing an immediate health risk — and extreme heat in an occupied unit with elderly residents or infants can qualify — the reasonable period may be significantly shorter. Document the urgency in your notice.

Can my landlord evict me for complaining about heat?

No. Under Civil Code §1942.5, a landlord who retaliates against a tenant for complaining in good faith about habitability conditions can be held liable for damages and attorney fees. If you are served with an eviction notice within 180 days of a habitability complaint, there is a rebuttable presumption of retaliation. You can raise this as a defense in an unlawful detainer (eviction) proceeding.

What if I live in a rent-controlled city — does SB 655 still apply?

Yes. SB 655 is a statewide law that applies to all California residential rentals. It is in addition to, not instead of, any protections provided by local rent control ordinances in cities like San Francisco, Oakland, San Jose, or East Palo Alto. Local rent ordinances may provide additional protections or easier complaint processes for habitability issues.

Can I sue my landlord for medical expenses related to heat illness?

Yes. If you suffered documented heat-related illness because your landlord failed to maintain habitable conditions after proper notice, you may be entitled to recover medical expenses as actual damages under Civil Code §1942.4. You can also seek damages for pain and suffering and, in cases of particularly egregious landlord conduct, potentially punitive damages under Civil Code §3294.

Protect Your Property Rights — Contact Bay Legal, PC

If your landlord has failed to address dangerous indoor heat conditions in your California rental, Bay Legal, PC’s landlord-tenant litigation team can help you assert your rights under SB 655 and California’s warranty of habitability. We represent tenants throughout the Bay Area, including San Francisco, Oakland, San Jose, and the Peninsula.

Call us at 650-668-8000 or schedule a consultation to discuss your habitability situation.

This article is for informational purposes only and does not constitute legal advice. California real estate law is complex and changes frequently. Contact Bay Legal, PC to discuss your specific situation.