Can my landlord evict me for reducing the cost of repairs from the rent amount?
Full Question:
I am storekeeper for a furniture unit in Sonora, California. I live in a rental space quite close to my workplace. I had asked my landlord to fix the wooden staircase that I use daily to climb up to the rented space. The stairs were soggy and soft due to the frequent rainfall. As he ignored my request, I got one of my colleagues at work to fix the staircase and put in new wood planks. I deducted the cost of the wood as well the service charge from the rent. The landlord is pretty agitated about the fact that I deducted the cost from the rent and is threatening to evict me for non-payment of rent. Can he legally have me thrown out for non-payment of rent?
11/16/2016 |
Category: Landlord Ten... ยป Repairs |
State: California |
#26808
Answer:
- The tenant may deduct money from the rent to pay for the repair of defects in the rental unit.
- The tenant may abandon the rental unit that has substandard conditions which affect the tenant's health and safety. This an option available when the cost of repairs is more than a months’ rent.
- The tenant may withhold rent till the landlord makes the repairs.
Before a court, if a landlord seeks to evict the tenant or takes other retaliatory action within 180 days after the tenant exercised his rights, it assumes that the landlord has a retaliatory motive. It is up to the landlord to convince the court otherwise.
The landlord will be in clear violation of the provision laid down in Cal. Civ. Code § 1942.5, if tries to evict for the reason that you deducted the cost incurred to repair your staircase.
