[CA] How much rent reimbursement is owed for an uninhabitable Section 8 rental when gas service is shut off?

CA Landlord-Tenant

I have a tenant that is on Section 8. The rent is $2,549 in which Section 8 pays $1,248 and the tenant pays $1,301.00. How much do I have to pay her daily for inhabitability in the state of California, the property is located in Vallejo.

February 3, 2026

Benjamin

679 satisfied customers

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The state statute does not outline a specific amount for breach, so their claim that the statute says $120–$150 is not true. However, if this was brought before a court, the court would likely award per-day damages to the tenant, meaning $,1301/30 = $43.37 per day for loss of use of the residence. (CA Civ Code § [1941])

So a reasonable reimbursement would be for each day from August 15–31.
17 days × 43.37 = $738.

That would be what I would argue.

Full Conversation

Lexi, Chatbot

I understand that dealing with tenant issues can be quite challenging. Can you please share what specific habitability issues you are facing with your tenant?

The wall heater did not have a gas shut off valve so PGE turned off my gas. It took some time to find someone to replace the entire unit.

Lexi, Chatbot

Have you already communicated these issues to your tenant, and if so, what was their response?

She stated that the daily amount of an inhabitable dwelling is $120.00–150.00 per (CA Civ Code § [1941])

Lexi, Chatbot

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your habitability issue.

No, just trying to figure out what is legally owed to the tenant.

Benjamin

Hey there! I'm Benjamin, an attorney with many years of experience. Just so you are aware, this platform provides legal information only. No attorney-client relationship is formed from our conversation.

Regarding your situation with the tenant and the habitability issue, could you provide more details on how long the gas was turned off and if there were any other related issues? How has the tenant asked for this rent reimbursement?

Yes, the problem started with the tenant stating that she did not have any hot water. I assumed it was a problem with the water heater. PGE was called and could not see the problem. For some reason they checked the wall heater and because they could not find the valve shut for the wall heater they shut off the gas, leaving the tenant with no hot water or able to cook. The unit has a gas stove.

Benjamin

How long was the gas off?

15 days. August 15–31, and she is moving on Aug 31.

Benjamin

So a reasonable reimbursement would be for each day from August 15–31.
17 days × 43.37 = $738.

That would be what I would argue.

Thank you. She has also stated that she needs an additional week to move. Can I offset the extension with this expense?

Benjamin

If you and she agrees, but they are required to pay rent for any period they are in the home unless the gas is still off. If you agree to the extension, you would arguably be doing so with rent being forgiven due to the uninhabitable living condition.

I would consider not approving this unless you and she can come to some reasonable agreement. Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. If you have a new question on a different topic, please submit it separately. Thank you and please use the service the next time you need legal advice. Have a wonderful day!

Yes, thank you.

Benjamin

679 satisfied customers

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