Legal Question in Landlord & Tenant Law in California

Re: repair & de-move?

Where do you get the "I know I can deduct up to two months rent a year"? There is no such law in California. If a residential tenant is living in a property which is or becomes uninhabitable, and the landlord refuses to repair it, then by following a very specific procedure set forth in the Civil Code, you can eventually deduct from your rent an amount reasonably necessary to make the property habitable. From your post, it appears that you have only paid a deposit, but lived there two months essentially rent free? I would consider that consideration for the work you did, and call it quits. If you want to pursue the landlord for renting you an uninhabitable property, you are going to have a hard hurdle to overcome - the fact that when you moved in you knew the condition of the property and agreed to do the work in return for no rent in the first month. I'd probably call it even and move on, but that's a decision you will have to reach.

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