| WHEN
DOES A TENANT HAVE THE RIGHT TO MAKE REPAIRS
ON HIS RENTAL?
Section 1942
provides:
(a) If within
a reasonable time after written or oral notice
to the landlord or his agent, as defined in
subdivision
(a) of Section 1962, of dilapidations rendering
the premises untenantable which the landlord
ought to repair, the landlord neglects to do
so, the tenant may repair the same himself where
the cost of such repairs does not require an
expenditure more than one month’s rent
of the premises and deduct the expenses of such
repairs from the rent when due, or the tenant
may
vacate the premises, in which case the tenant
shall be discharged from further payment of
rent, or performance of other conditions as
of the date of vacating the premises. This remedy
shall not be available to the tenant more than
twice in any 12-month period.
(b) For the purposes of this section, if a tenant
acts to repair and deduct after the 30th day
following notice, he is presumed to have acted
after a reasonable time. The presumption established
by this subdivision
is a rebuttable presumption affecting the burden
of producing evidence and shall not be construed
to prevent a tenant from repairing and deducting
after a shorter notice if all the circumstances
require shorter notice.
(c) The tenant’s remedy under subdivision
(a) shall not be available if the condition
was caused by the violation of Section 1929
or 1941.2.
(d) The remedy provided by this section is in
addition to any other remedy provided by this
chapter, the rental agreement, or other applicable
statutory or common law.
CAN
A TENANT WAIVE HIS RIGHTS?
Editor’s
Note: This question and answer section was prepared
in response to frequently asked questions by
members and students in our various educational
programs. All language is taken directly from
the California Civil Code. The outline format
differs from formal English grammar outline
because the Code mirrors annual changes in the
law with numerous additions and deletions written
by various state senators and assemblymembers.
Additional legal resources are listed at the
end of this
special section.
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