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Loren, Attorney
Category: Estate Law
Satisfied Customers: 28544
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

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Can a tenant withhold one months
rent to make repairs to the apartment
if the Landlord refuses to make the
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.

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Thank you.

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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):

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