Legal Question in Landlord & Tenant Law in California
Landlord refusing to repair ongoing plumbing problem.
Since the day I moved into my apartment, it has had a serious plumbing problem. Every now and then when someone takes a shower in either my apartment or the neighbor's apartment, my kitchen and/or bathroom sink will overflow, spilling water all over the floor. The problem has been happening more and more often. When my neighbor takes a shower, my bathroom floods. When the plumber was here AGAIN today, he pulled me aside and informed me that he is able to fix the problem so that it will stop happening but that the landlord has told him no and is choosing to simply leave it as is.
What recourse do I have here? Do I have the option of refusing to pay my rent until they fix this problem?
2 Answers from Attorneys
Re: Landlord refusing to repair ongoing plumbing problem.
I'm not sure you can deduct all of the rent. Rather, I'd call the plumber and ask him what it would cost. Then call the local board of health and report it. Obviously, it is a health issue. You might have it fixed and deduct the cost of repair if it's not too oppressive, after giving the landlord a deadline for him/her to do so.
Re: Landlord refusing to repair ongoing plumbing problem.
You can probably make the repair and deduct the costs from your rent, pursuant to Civil Code section 1942:
"1942. (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."
Go to www.findlaw.com to read related code sections.
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