Legal Question in Real Estate Law in California
Maintenance Responsibilities
I would like to know if I am permitted to deduct a maintenance expense from my rent. Last night I had an emergency pest control issue (swarming bee hive). I paged after hours maintenance twice and received no response, I also called the pest control service my management company contracts with, but they had no after hours service. I finally called an alternate pest control service to have it removed, which cost me $175. Can I be reimbursed for this expense?
1 Answer from Attorneys
Re: Maintenance Responsibilities
Ordinarily, a tenant can perform maintenance and deduct the cost under limited circumstances. See Civil Code section 1942 at your local law library. The Code seems to require the condition be 'dilapidations rendering the premises untenantable' and prior notice to the landlord is required.
Due to the stringent requirements of the Code, I think your chances of prevailing are not good. However, it depends to some extent on factors not given in your question.....for example, was the hive indoors? How did the bees get inside? Did you give any prior notice to the landlord?
Also note Civil Code sections 1941.1, 1941.3 and other nearby sections describing the relative rights and duites of landlords and tenants.
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