While a unit is being rented, a landlord typically has the responsibility of making repairs that keep said unit inhabitable. Meaning, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building must “substantially comply” with building and and health codes. This duty to repair was opined in the Green v. Superior Court [(1974) 10 Cal.3d 616] case. This duty, however, does not extend to defects caused by the tenant.
That being said, "breaking the lease" right off the bat is probably not an option. You need to first notify your landlord of the issues in your rental unit and request repairs. If you receive no response from your landlord, you have several options. First, Civil Code Section 1942 details the "repair and deduct" method wherein a tenant may deduct money from the rent, up to theamount of one month’s rent, to pay for repair of defects in the rental unit. Second, instead of "repair & deduct", a tenant may move out of a defective rental unit where the defects would cost more than one month's rent to repair. Finally, a tenant may withhold rent if the landlord does not repair serious defects. Each of these methods carry various risks for a tenant and it is, therefore, a good idea to check with a legal aid organization, lawyer, or tenant program to help determine the appropriate remedy.
Good luck.
