Legal Question in Landlord & Tenant Law in California

unworking appliances

I have an appliance in apartment that has not worked in two months. Made contact with landlord on four ocassions. Faxed letter. Appliance not repaired. Rent is due. How much is allowable to withhold from rent-per month-until appliance is repaired?


Asked on 6/01/05, 3:28 pm

1 Answer from Attorneys

J. Spikes Property Law Center

Re: unworking appliances

You cannot simply withhold rent until the appliance is fixed. You will be subjecting yourself to a 3-day notice and subsequent eviction.

You may repair and deduct the cost from the next month's rent, if you follow the procedures in the Civil Code (Section 1941.)

The repair and deduct remedy can only be used for items affecting habitability. Those items are listed in Civil Code section 1941.1 and 1941.3. For Example, you could probably use the repair and deduct remedy for a heater or furnace, but not likely for a microwave or toaster.

You also cannot use the repair and deduct for damages that you or your guests caused; cannot spend more than one month's rent on the repair; and you cannot use it more than twice in any 12-month period.

Depending on what the appliance is, and how it relates to the habitability of the premises, you may or may not be able to use the repair and deduct remedy.

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Answered on 6/01/05, 5:13 pm


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