Legal Question in Real Estate Law in California
Witholding Rent
Is it legal for me to withold rent from my landlord, when he has failed to repair our gas lines? We have been without heat and a range for nearly a week. Can I withold rent for the days I've been without heat? Can I use rent money to hire someone to fix the gas leak?
1 Answer from Attorneys
Re: Witholding Rent
The Civil Code requires that gas service, where provided, conform to law and be in good working condition (section 1941.1(b)) and that heating facilities conform to law and be in good working order (section 1941.1(d)).
The tenant must give the landlord reasonable oral or written notice of defects, and if the landlord then neglects the repairs, the tenant may arrange for or make the repairs herself and deduct the cost from the rent when due, but not to exceed one month's rent. Civil Code section 1942(a). The tenant can exercise this right not more than twice in a one-year period.
You might want to look up the full text of these sections and read them yourself, or perhaps get a self-help law book on tenants' rights.
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