Legal Question in Landlord & Tenant Law in California

Civil Code �1942 is known as the "repair and deduct" statute. First, I do not believe that the smell of marijuna renders the premises inhabitable - miserable yes - but not inhabitable. Second, you did not perform any repairs for which you would be allowed to deduct costs from your rent. This statute does not allow you to move out as a remedy and avoid paying rent.

That being said, if the landlord were to sue you for seven days rent, and you can prove to a judge that the smell of marijuana was too strong for a pregnant woman and four year old to live with any longer, I think some common sense would prevail, and the judge might not find in their favor. It is going to be driven by your ability to prove how bad the problem was, that you gave the landlord plenty of notice and opportunity to correct the problem, and that they refused to do so. Irrespective, you did the right thing by getting yourself out of that situation. If it costs you seven days rent, it may be worth it to preserve your health.

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