Legal Question in Real Estate Law in California

I have lived in my apartment for approximately 6 years and have decided to move after ongoing repair issues (i.e. leaks in bathroom and kitchen). I replaced the non working stove after two years. The used carpet suffered some water damage after my neighbors apartment flooded through the wall. The owner didnt make the repairs after several request. I put in my 30 day notice advising of withholding the rent (repair and deduct) and requesting my full security deposit back. The owner left me a message advising he recieved my letter and wanted to make arrangements to make repairs including acknowledging he knew about the carpet. The owner called me the next day threatening to get nasty in court and that I could not withhold the rent. The owner told me that I volunteered to replace the stove and carpet, this is after the stove went unreplaced. Since the repairs and the carpet with the sewage damage went unrepaired for so long. Can the owner still keep my deposit?


Asked on 6/04/12, 7:32 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Maybe some of it, but it sounds as though you have an at least potentially valid repair-and-deduct claim. It may be time to learn about small-claims procedures in California -- try the Nolo Press book. I can't assure you that you'll win, but your case seems to have some merit, and it would be worth your while to get the book and study up. Maybe also get the book about landlord-tenant relations, or how to be a landlord.

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Answered on 6/05/12, 8:52 am
Anthony Roach Law Office of Anthony A. Roach

The purpose of the deposit is to cover unpaid rent, cleaning the rental unit when the tenant moves out, for repair of damages other than wear and tear, and if the lease allows it,the cost of repairing furniture or restoring personal property if damaged or missing.

You have intertwined this with a different issue, which is the repair and deduct method of repairs. A rental unit must be fit to live in, and the law uses the term habitable. A landlord has a duty to make the unit habitable and it must be kept habitable during the tenancy. The landlord has a duty to repair items that make it uninhabitable.

Under the repair and deduct remedy, a tenant may deduct money from the rent, up to the amount of one month's rent, to pay for repair of defects in the unit. That remedy covers substandard conditions that affect the tenant's health and safety and that breach the implied warranty of habitability.

I'd suggest looking at the Nolo Press book for California tenants, in addition to the book recommended by Mr. Whipple.

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Answered on 6/07/12, 3:56 pm


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