Summary
Under California Civil Code Section 1941, landlords must maintain habitable properties. If repairs arent made within a reasonable time, tenants can use Civil Code Section 1942 to repair and deduct rent. For serious defects, tenants may terminate the lease. Consult a legal professional for detailed advice.Full Conversation
There was water leakage incident in our apartment community and there was one part in our apartment that was affected
I'm sorry to hear that, ****. Can you please let me know if you've already contacted your landlord about this issue? It's important as California law requires landlords to keep their properties habitable.
yes
Under California law, your landlord is responsible for repairs:
- Civil Code Section * states landlords must maintain dwellings in habitable condition.
- Civil Code Section * allows tenants to repair and deduct rent if landlord doesn't fix within a reasonable time.
Have you received any response from your landlord?
They have not repaired
I'm sorry to hear that, ****. You may consider sending your landlord a written notice about the issue and if no action is taken, you can use the 'repair and deduct' method under California Civil Code Section *.
its been more than 1 month now
I see, ****. Under California Civil Code Section *, if the landlord doesn't make the repairs within a reasonable time, you may be able to have the repairs done yourself and deduct the cost from your rent. Remember to keep any receipts related to the repair.
its an apartment
I understand, ****. Even in an apartment, under California Civil Code Section *, you can still make the repairs and deduct the cost from your rent if your landlord fails to do the repairs within a reasonable time.
how about terminate lease?
Under California Civil Code Section *, if the landlord doesn't repair serious defects that make the rental uninhabitable within a reasonable time after being notified, you may have the option to abandon the premises and terminate your lease. Please consult with a legal professional to consider all aspects.