Legal Question in Landlord & Tenant Law in California

California Civil Code 1942.4

Can a Tenant recover rent already paid to a Landlord if that rent was paid after the Landlord lost his right to collect rent under CC 1942.4?

Here's the hypo:

Tenant has bad rat infestation;

Dept. of health orders landlord to make repairs;

Landlord does not make repairs w/in 35 days, and therefore loses right to collect rent pursuant to CC 1942.4;

Tenant stays anyway and continues to pay rent;

Rats continue to thrive and six months later tenant finds new place for her and baby.

Now, can that tenant recover all rents paid to the landlord after landlord lost his right to collect or demand rent (35 days after receiving health department repair directive)?


Asked on 2/14/07, 12:09 pm

1 Answer from Attorneys
Larry Rothman Larry Rothman & Associates

Re: California Civil Code 1942.4

You may have a claim against him for the rent you paid under a "retroactive rent abatement" case of action. We would have to review your documentation to see if you have a valid claim.

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Answered on 2/15/07, 1:37 pm


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