Legal Question in Landlord & Tenant Law in California

hwo to do rent deduction for nonlivable space

1)The CA tenant handbook is not clear when it says you can deduct 1/4 or your rent if one room is not livable. Does it mean bedroom or all rooms i.e bathroom, kitchen,bdrm, lving rm?

2) if the aprtment has pipe leakage problem and can not live in and I told the ladlord to move out the next month but can not find a place. can i legally continue to stay until find a place?. thanks


Asked on 5/07/07, 7:54 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: hwo to do rent deduction for nonlivable space

You should write(certified) to landlord, and keep a copy. If there are four rooms, and one is not livable, you can either deduct 25% or make repairs yourself and deduct. You are to be commended for reading about this on your own. You can also repair the room, and deduct from the rent. Once you have given notice due to the pipe leakage, you are supposed to move after the notice is up. Your best bet is to work out a deal with landlord, because you both lose if there is a court battle. He wants rent, and you want as new place. I realize that the book is not clear, but I can't give you more info in such limited space, especially when I don't know the layout of the apartment.

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Answered on 5/07/07, 8:57 pm


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