Legal Question in Real Estate Law in California

Sorry to hear that you are experiencing difficulties with your landlord. California has a statute which allows for residential tenants to repair and deduct; however, the requirements of that statute are very specific, and if you do not follow the procedure, you can be considered to have not paid your rent and evicted from your home.

California Civil Code � 1942 covers the "repair & deduct" option. Better yet, the California Department of Consumer Affairs has an entire webpage dedicated to how to get repairs done on a residential rental unit. Check out their page here http://www.dca.ca.gov/publications/landlordbook/repairs.shtml and if for some reason, that is not enough information to assist you, then you may need to retain a local attorney who represents tenants in landlord-tenant matters. Good luck.

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Civil Code section 1942 refers to "dilapidations rendering the premises untenantable that the landlord ought to repair" as eligible for the repair-and-deduct formula. Civil Code section 1941.1 discusses what "dilapidations" make the unit "untenantable." Be careful to understand these terms and stay within them if you decide to repair-and-deduct.