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Loren
Loren, Attorney
Category: Estate Law
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Experience:  30 years experience in the practice of estate law.
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Can a tenant withhold one months rent to make repairs to the apartment if the Landlord r

Customer Question

Can a tenant withhold one months
rent to make repairs to the apartment
if the Landlord refuses to make the
repairs?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am JudgeLaw and I will do whatever I can to answer your question and provide you excellent service.

I am sorry to hear of your dilemma. I realize how frustrating this is for you, but I believe I have information which you will find helpful.


Under Caliifornia state law (Civil Code § 1941.1-1942.5) for getting a landlord to make major repairs in California is called “repair and deduct.” It works like this: If you have tried and failed to get your landlord to fix a serious defect that makes your rental unit unfit, you can hire a repairperson to fix it (or buy a replacement part and do it yourself), and subtract the cost from the following month’s rent. Certain conditions apply:

You can’t spend more than one month’s rent.
You can’t use the repair and deduct remedy more than twice in any 12-month period.
You can’t have caused the problem, and it can’t be something that is your responsibility (such as taking out the garbage).

It is required that you notify the landlord first and give him or her a reasonable amount of time to fix the problem before make repairs. Also, gather bids and collect pricing information before you hire someone, especially if the problem requires expertise, as would be the case with a major plumbing or electrical defect.

It is my privilege to assist you. Let me know if you need further information.  I hope I have helped you beyond your expectations in the service I have provided to you.  I am here for you.

Please remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested.

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Thank you.

JudgeLaw
Loren, Attorney
Category: Estate Law
Satisfied Customers: 20614
Experience: 30 years experience in the practice of estate law.
Loren and 9 other Estate Law Specialists are ready to help you
Expert:  Loren replied 1 year ago.
Thank you, Ronald, for your positive rating of my service to you. Let me know if you need more help or have future questions. I will be here for you. Just ask for me by name at the start of your question - "JudgeLaw" or use the following link (which you can bookmark in your browser):  http://www.justanswer.com/law/expert-JudgeLaw/
   

Best wishes and good luck to you.

If it is not too much trouble, when you receive a Customer Satisfaction Survey from JA/Pearl in a day or two, please do rate me highly (9 or 10). It affects my ability to continue to assist you and other customers on JA/Pearl and would be most appreciated.

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