WHAT IS THE "REPAIR AND DEDUCT" NOTICE?
The NOTICE TO LANDLORD TO REPAIR AND DEDUCT is intended for use by a tenant. It provides the notice required by law that a tenant must give to a landlord, or landlord's agent, before repairing an untenantable condition and deducting the cost of repair from the rent.


DOES CALIFORNIA LAW IMPOSE A DUTY ON LANDLORDS?
Yes. California law requires landlords to maintain leased dwellings in habitable condition. This requirement is implied in all residential rental agreements or leases and cannot be waived. This means that even if it's not in your contract, the landlord still needs to maintain your rental unit in habitable condition. In fact, you cannot even agree with the landlord to let the unit become uninhabitable.


WHAT DOES IT MEAN TO MAINTAIN A RENTAL UNIT IN HABITABLE CONDITION?
California Civil Code section 1941.1 explains what it means by defining when a rental unit is "deemed untenantable" (meaning not fit for tenancy). Basically, this code section sets forth eight characteristics, all of which should be present in a rental unit. Below is a quick reference of these characteristics:
  1. Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
  2. Plumbing or gas facilities which conformed to applicable law in effect at the time of installation, maintained in good working order.
  3. A water supply approved under applicable law, which is under the control of the tenant, capable of producing hot and cold running water, or a system which is under the control of the landlord, which produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
  4. Heating facilities which conformed with applicable law at the time of installation, maintained in good working order.
  5. Electrical lighting, with wiring and electrical equipment which conformed with applicable law at the time of installation, maintained in good working order.
  6. Building, grounds and appurtenances at the time of the commencement of the lease or rental agreement in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin.
  7. An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter, and being responsible for the clean condition and good repair of such receptacles under his control.
  8. Floors, stairways, and railings maintained in good repair.
    If any of these characteristics are substantially missing from the rental unit, then the unit is untenantable. The landlord should take action to correct the problem.

In addition, landlords are required to maintain adequate locks and/or security devices on doors and windows, as well as at least one working telephone jack. See California Civil Code sections 1941.3 and 1941.4. If you have a problem concerning these issues, review these code sections.


WHAT REMEDIES ARE AVAILABLE TO A TENANT?

A tenant has certain available remedies in case a landlord fails to repair an untenantable condition or provide the legally required security or telephone wiring. The information provided here only regards the remedy set forth in California Civil Code section 1942. This remedy allows tenants, under certain circumstances, to repair the untenantable condition and then deduct the cost from their next rent payment due. Thus it is often referred to as the "repair and deduct" remedy.

The repair and deduct remedy is only one of several remedies provided by law for a tenant whose property is not properly maintained by a landlord. Other remedies include suing the landlord or complaining to a state housing agency. If the "repair and deduct" remedy is not appropriate for your situation, you should consult with an attorney or your state housing agency.


WHAT CAN A TENANT REPAIR?

Take note that the code does not allow tenants to repair anything they want. Those items in California Civil Code section 1941.1 qualify. But is that all? The law is not perfectly clear on this point. Most likely, anything causing the property to be dangerous to the health and safety of humans will be considered an untenantable condition. One broken light bulb will not suffice. However, faulty electrical wiring throughout the house that prevents adequate lighting will probably be a condition for which the tenant can "repair and deduct." Particular situations need to be decided on a case by case basis.

What's for sure is that a tenant cannot use the "repair and deduct" remedy for conditions that the tenant has caused. See California Civil Code section 1942(a) and California Civil Code section 1929.


HOW SHOULD I DESCRIBE WHAT NEEDS REPAIR?

When you prepare a Notice to Repair and Deduct, you must describe what you want the landlord to repair. In writing your description, you must be as specific and thorough as possible.

EXAMPLE: If you rent a tri-level townhouse, and the stairway between the 1st and 2nd floor has a loose railing and broken floor boards, don't simply write "the stairway needs fixing". You should write something like "The stairway between the 1st and 2nd floor has a loose railing in that it swings back and forth when grabbed, and the 5th and 6th steps of the stairway are broken and cannot be stepped on without risking serious injury."



HOW OFTEN CAN THIS REMEDY BE USED?
The "repair and deduct" remedy can only be used twice in a 12-month period.


HOW MUCH CAN BE DEDUCTED FROM RENT?
A tenant may deduct only a maximum of one month's rent each time the remedy is exercised.

In using the "repair and deduct" remedy, the tenant may repair the condition where it won't cost more than one month's rent. So if your rent is $1000/mo, but there is a condition that will cost $1500 to repair, you will end up $500 out of pocket if you want to take care of the problem yourself (assuming of course you gave your landlord reasonable notice and he/she did nothing about it). Whether it's worth it or not will depend on the particular problem.


WHAT NOTICE MUST I GIVE BEFORE I REPAIR AND DEDUCT?

Before exercising the "repair and deduct" remedy, the tenant must give the landlord, or the landlord's agent, reasonable notice of the condition. Although it can be oral notice, you should provide the notice in writing in case you need to prove it later in court.

The law presumes thirty (30) days to be reasonable notice to the landlord. Therefore, it's best to wait thirty (30) days after giving notice to the landlord before fixing the condition yourself. What if you have a condition that needs fixing right away? Waiting thirty (30) days only creates a presumption in your favor - it's not an absolute rule. Depending on your situation, you may be able to repair and deduct sooner than 30 days. You just won't have a presumption in your favor. If you're not sure what to do, you should consult an attorney about your particular situation.


WILL THE LANDLORD BE ALLOWED TO RAISE MY RENT?
If you are worried that repairing the problem and deducting the cost from the rent will cause the landlord to raise your rent, be advised that the law prohibits such "retaliatory" rent raising. California Civil Code section 1942.5 does not allow the landlord to raise your rent for 180 days after you provide notice as accomplished by this form. If you have taken other action (such as complaining to a public officer in charge of enforcing housing laws), the 180 days runs from the date of the latest action that fits within any one of the 5 things listed in California Civil Code section 1942.5. HOWEVER, if the rent was due for its yearly increase, and the amount raised was reasonable, then such a rent raise probably won't be considered retaliatory. Be careful when relying on this code section because it requires the tenant to show a judge that the landlord was acting in a retaliatory manner.


THINGS TO CONSIDER
LOCAL LAWS
Local laws and rent control ordinances may confer additional rights to tenants. As a tenant, make sure you check your local laws and check with your local housing authority to see if you have additional rights.

OTHER REMEDIES FOR TENANTS
Keep in mind that it's always best to try and work out the problem with your landlord in a friendly manner. Although the law affords tenants many rights as described above, when push comes to shove, enforcing these rights will usually end up costing time and money. Depending on the landlord's personality as well your personality, small problems could escalate into big problems. At the end, it may not be worth it.

The repair and deduct remedy is only one of several remedies provided by law for a tenant whose property is not properly maintained by a landlord. Other remedies include suing the landlord or complaining to a state housing agency. Does not have information or forms relating to any other tenant remedy. To learn more about other possible remedies, you should consult with an attorney or your state housing agency.



LEGAL DISCLAIMER
By visiting and using this website, you agree to our Terms and Conditions.

The material above is NOT a complete explanation of the law regarding the form's subject matter -- it only provides specific legal information regarding the associated form. It is not intended to provide information outside the scope of the associated form. It is intended to explain only certain legal concepts in simple terms in order to help the reader understand what the form is for and how it's generally used.

Also, the above information is not legal advice. It is GENERAL legal information that merely states the law. If you need legal advice about your own particular situation, you must hire an attorney that can listen and apply the law to your specific facts. Online Self-help Legal Tool for California Forms cannot and does not practice law and cannot help you with your individual problem.

Also, the foregoing information and the form related hereto pertain only to California law, unless indicated otherwise at the top of the corresponding . This website does not have information regarding federal law or the laws of other states.