Legal Question in Landlord & Tenant Law in California

Under what conditions can a tenant legally deduct rent in California?


Asked on 8/18/14, 1:47 pm

2 Answers from Attorneys

Brian Rosales Harris, Rosales & harris

A tenant can exercise his right to "repair and deduct" when he has informed the landlord of a condition that makes the unit untenantable and the lanlord does not repair the condition within a reasonable time. The tenant can fix the problem and deduct the costs of the repair up to one month's worth of rent. This can be done a maximum of twicw in any twelve month period.

The tenant needs to be sure that the problem is serious in that it affects the health and safety of the occupants and that the landlord was given a reasonable opportunity to make the repair.

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Answered on 8/18/14, 2:00 pm

I agree with Mr. Rosales. I write to emphasize how serious the condition has to be. Many things that most people would consider "untenantable" or "uninhabitable" are not in the eyes of the law. Look here for more information: http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

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Answered on 8/18/14, 3:27 pm


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