Legal Question in Real Estate Law in California

Re: Landlord refuse to fix dishwasher

If you are in a rent control jurisdiction, you may be entitled to claim a reduction in services and ask the local rent control board to reduce your rent.

Otherwise, this is not an attractive claim because the landlord can change the terms of a month to month tenancy on 30 days notice, or if you are on a lease when it expires. He can raise the rent, reduce the services or make other changes.

Lack of a working dishwasher does not breach the implied warranty of habitability. I suggest you talk to the landlord, explain how you feel and see if you can reach some kind of agreement.

Re: Landlord refuse to fix dishwasher

Since the landlord represented to you that the apartment had a dishwasher when you rented the unit, you can pay to have it fixed and deduct that amount from your rent.

Re: Landlord refuse to fix dishwasher

All theoritical gibberish aside, the only realistic way you are going to get any compensation from the courts is if you move out and then sue in small claims court for breach of contract (the statute of lims allows you to go back two years). If you deduct from rent, the landlord will evict you for failure to pay rent. Every day scores of people in eviction court argue they repaired and deducted from rent--and they all lose. Homeless shelters are full of people who repaired and deducted from rent. It is a cute law. Too bad the courts do not follow it. Also, if you sue the landlord while still living there your landlord can legally raise rent as high as he wants. This action would not be considered retalitory because a broken dishwasher is not a breach of the warranty of habitability.