Legal Question in Real Estate Law in California
Deducting repairs from rent
There a couple of repair issues in the home that I am renting. One is that we have termites, another is that there is a mold growing on the walls along one side of the house (on the inside). We try to spray bleach but it keeps comming back and I am afraid it could be a health risk. We have informed the landlord of these problems numerous times but have gotten no response. Is it okay to have a professional out to look at and possibly fix these problems and then just deduct the cost from the rent? What can we do?
1 Answer from Attorneys
Re: Deducting repairs from rent
Deducting repairs from rent is covered by Civil Code section 1942, which you can read at your county law library. Note also sections 1941 and 1941.1. You will see that the repair-and-deduct remedy works only for serious 'delapidations' affecting habitability. A court might not agree with you that the moldy wall renders the house untenantable to the extent that section 1942 applies, even though 'effective waterproofing and weather protection of roof and exterior walls' is named in 1941.1(a).
Note that the maximum deduction is one month's rent, and the tenant cannot invoke the remedy more than twice in a twelve-month period.
In these days of rising rents and scarce rental space, a tenant should think twice before trying to enforce an unclear right.
Incidentally, there may be a better mold suppressant than bleach (ask a home-maintenance guru). I also suggest raising the average temperature in the affected rooms by a couple of degrees. This may reduce the humidity and the moisture content of the walls (plaster?) to the point where the mold or mildew will not reappear.
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