Property ManagementIntermediateCalifornia Exam

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, per standard property management industry practice
BThe tenant may repair the defect and deduct the cost from rent, subject to statutory limitsCorrect
CThe tenant must sue in Superior Court to force repairs, under standard California property management practice
DThe tenant must notify the DRE before taking any action, as typically required in a residential lease

Why The tenant may repair the defect and deduct the cost from rent, subject to statutory limits Is Correct

Answer B: The tenant may repair the defect and deduct the cost from rent, subject to statutory limits

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.

Exam Tip: Property Management

Property management questions cover landlord-tenant law, security deposits, and maintenance responsibilities. Know the differences between gross, net, and percentage leases.

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