Property Management

A property manager discovers that a rental unit has a habitability defect (broken heating) and the owner refuses to make the repair. What remedy does California law give the tenant?

AThe tenant may immediately vacate and owe no future rent
BThe tenant may repair the defect and deduct the cost from rent, subject to statutory limits✓ Correct
CThe tenant must sue in Superior Court to force repairs
DThe tenant must notify the DRE before taking any action

Explanation

California Civil Code Section 1942 gives residential tenants the 'repair and deduct' remedy. A tenant may repair habitability defects and deduct the cost from rent, up to one month's rent, after giving the landlord reasonable notice and opportunity to repair. The remedy may be used no more than twice in any 12-month period.

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