What are my rights to "repair and deduct" if my California landlord fails to make necessary repairs in a timely manner?
Under California law, you have the right to make necessary repairs and deduct the cost from your rent, but you must follow a strict legal procedure to protect yourself from eviction. Here are the steps you must take:
Step 1: Identify a Qualifying Problem
The issue must make your unit "untenantable," meaning it seriously affects your health and safety. Examples include a broken heater, no hot water, a major roof leak, or a broken toilet. This right does not cover cosmetic issues like peeling paint. You also must not have caused the problem yourself.
Step 2: Give Your Landlord Written Notice
You must inform your landlord of the problem in writing. Send a letter or email that clearly describes the needed repair. For proof, it is best to send the notice by certified mail with a return receipt requested. Keep a copy for your records.
Step 3: Allow a "Reasonable" Amount of Time
Your landlord has a "reasonable" time to make the repair after receiving your notice. While the law presumes 30 days is reasonable, it can be much shorter for urgent problems, like a lack of heat in winter.
Step 4: Make the Repair and Deduct the Cost
If the landlord fails to act within a reasonable time, you can hire a professional to make the repair. You must then pay the next month's rent, minus the repair cost. Send your landlord the reduced rent payment along with a copy of the itemized invoice from the repair person.
Important Details and Nuances:
The cost of the repair cannot be more than one full month's rent. You cannot spend more than this amount and deduct it. Also, you cannot have caused the condition that needs repair.
Warnings and Limitations:
You can only use the "repair and deduct" remedy twice in any 12-month period. If you fail to follow these steps exactly, your landlord could try to evict you for non-payment of rent. This remedy is powerful but risky.
This is general information and does not constitute legal advice. For complex situations, or if the repair cost will exceed one month's rent, you should consult with a qualified California attorney to understand all your options.
Useful Links
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
Views: 30
Updated: August 14, 2025
Real Estate
Housing, rental rights, and property laws
View All Questions