Legal Question in Landlord & Tenant Law in California

I would ask the landlord to make a claim on the landlord's liability insurance for the items in the refrigerator that had to be thrown out, and I would write the landlord a polite confirming letter. In the letter, I would confirm that you left a message on Sunday night with your landlord, and that the landlord's repair people "fixed" the appliance the next day. I would also confirm that by the next morning that the temperature inside the refrigerator was 60 degrees, and indicate that after 40 hours of 60 degrees that all of your food was spoiled and had to be replaced. I would enclose receipts for all of the food that you had to purchase. Request reimbursement from the landlord for your food. If the landlord wants you to take it out of the rent, make the landlord confirm that to you in writing. I would keep the original receipts of the items purchased as evidence in case the landlord does not reimburse you.

Whereas, if you notified the landlord that your refrigerator did not work, then your landlord failed to repair the refrigerator, then you had it repaired, you could deduct the cost of repair from your rent payment, however, spoiled food is not an authorized deduction. I do not think that the statute would cover the cost of your spoiled food. If you do not have renter's insurance, chances are you can ask your landlord to pay for your spoiled food. I would do so in writing in a polite letter. If the landlord disagrees with you, then you can take your landlord to small claims court.