Legal Question in Real Estate Law in California
I have leased a home with a large deck and a great view that is a substantial part of the living space of the house and one of the main reasons I rented to house. It has now been determined that the deck has serious dry rot and we are not allowed to be on the deck at all. The landlady intends to fix the deck, but it will be at least 3 months until a new deck has been built, which will mean a total of 4 months that we will not be able to use the deck. Are we able to negotiate for a reduced rent during this time? Do we have any rights?
1 Answer from Attorneys
What you are able to negotiate is a practical question, not a legal one. Technically a tenant is entitled to a rent reduction when the premises materially degrade from the condition in which they were rented through no fault of the tenant. Most leases also have a damage and destruction clause that would apply. Exactly what you would realistically be entitled to for not having a deck for several months, no matter how significant the deck is to the premises, is not something I can begin to guess, but it would definitely be a small percentage of your monthly rent. Whether you would really want to press the issue for that amount of money is up to you, but as I said, what you can negotiate is between you and the landlord, not a legal question.
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