California Real Estate SalespersonPractice of Real Estate and DisclosuresMedium
A tenant's landlord fails to repair a broken heater despite written notice and a reasonable time to fix it. Under California's repair-and-deduct remedy, the tenant may deduct the reasonable cost of repairs from rent, subject to which limitation?
- ANo more than one month's rent, and no more than twice in any 12-month period
- BNo more than $500 total per lease term
- CUnlimited amount as long as receipts are provided
- DOnly if the landlord is notified in writing at least 60 days in advance
Show answer & explanationAnswer & explanation
Correct answer: A. No more than one month's rent, and no more than twice in any 12-month period
California Civil Code §1942 allows a tenant to repair a habitability defect and deduct the cost from rent, but limits the deduction to no more than one month's rent and restricts use of this remedy to twice in any 12-month period.
Why the other options are wrong
- B. There is no flat dollar limit; the cap is tied to one month's rent.
- C. The remedy is expressly capped, not unlimited.
- D. 60 days advance notice is not the statutory requirement; reasonable notice/time is required instead.
Repair-and-Deduct Remedy
Under Civil Code §1942, a tenant may repair a habitability defect and deduct the cost from rent, limited to one month's rent and twice per 12 months.
- Applies to substantial habitability defects
- Landlord must have reasonable notice and time to repair first
- Limited to twice in any 12-month period
Memory trick: Fix it twice a year, one month's rent — no more, no fear.