What remedies can a tenant seek if a landlord fails to make repairs to the rental property?

In California, a tenant facing a landlord who fails to make repairs to the rental property has a few remedies available to them. The first is to withhold rent. If a landlord is not making repairs as required by law, the tenant can withhold rent until the repairs are completed. A tenant should not, however, withhold an amount of rent that is more than 1 month’s rent. The second remedy is to repair and deduct, which means that the tenant can make the repairs on their own, and then deduct the cost from the next month’s rent. The tenant should, however, get written permission from the landlord before making any repairs to the rental property. The tenant can also file a lawsuit against the landlord in small claims court if the repairs are not completed and the two parties are not able to come to an agreement. In this instance, the tenant will have to prove that the landlord has failed to make the repairs and that the tenant has suffered monetary damages as a result. Finally, the tenant may also be able to terminate their lease agreement if the landlord’s failure to make repairs poses a threat to the tenant’s health and safety. In effect, this allows the tenant to legally break their lease without owing any additional money to the landlord. In all of these instances, it is important that the tenant keep detailed records and receipts related to the repairs, and any other communication with the landlord. This is important to have in case the matter goes to court.

Related FAQs

What should a tenant do if they are in dispute with a landlord?
What are the laws governing tenant privacy?
Are there any laws governing the disclosure of a tenant’s personal information?
What are the legal consequences of a tenant breaking a rental agreement?
How can a landlord properly collect a security deposit?
What are the consequences of a tenant not properly vacating a rental property?
What is the average length of a notice to vacate?
What are the laws regarding a tenant's right to quiet enjoyment?
How much notice does a tenant typically have to give before terminating a rental agreement?
Are there any laws governing the use of tenant references?

What remedies can a tenant seek if a landlord fails to make repairs to the rental property?

Related FAQs

Related Blog Posts