The repair-and-deduct rules

Question: My landlord has ignored my requests to make repairs. Can I get things fixed and deduct the costs from the rent?

Answer: Yes, the remedy known as “repair and deduct” does exist as an option for renters in California. But be aware that there’s a procedure to follow to avoid getting into legal trouble. Consult with a legal resource, such as an attorney, mediator or tenant organization.

First, get organized by listing and photographing the offending conditions. A step-by-step path that may resolve the problem with your landlord is offered through various sources, including a joint project of Housing Rights Inc. and the East Bay Community Law Project in Northern California.

Suggestions include putting repair requests in writing, continuing to pay the rent until the issue is settled and calling in inspectors, if necessary. For links and resources try www.rentersrights.info. More information can be found on the Housing and Urban Development website, www.hud.gov/renting.

According to the California Department of Consumer Affairs website, the repair-and-deduct remedy allows a tenant to deduct up to one month’s rent to pay for repair of defects in the rental unit. The remedy may be applied only to serious conditions that affect the “implied warranty of habitability.”

A place is considered unlivable if it lacks certain basics. “Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors,” is the first item on the list that the law defines. Other abuses include a lack of utility hookups, such as running water or electrical service. Naturally, unsanitary conditions ranging from rubbish to rodents also are unacceptable. Trash receptacles must be provided, along with safe stairways and handrails, which are required to be kept in good repair.

Further provisions are also defined by a combination of civil code, health and safety codes and case law. As a result, a host of regulations exists to protect renters.

There’s another side to the “habitability” definition. Damage or uninhabitable conditions cannot be a result of actions made by tenants, their guests or pets.

Tenants are required to keep the place “as clean and sanitary as the condition of the premises permits.”

Other tenant requirements include using gas, electrical and plumbing fixtures properly. Proper maintenance, such as keeping gas burners unclogged and clean, also is expected. Disposing of trash appropriately is also important. For example, tossing leftover bread out the back door to feed birds is poor housekeeping and could invite unwanted critters.

Allowing anyone to deface or damage the premises or remove fixtures also shifts the blame from landlord to tenant, as does abusing the use of rooms. Using a bedroom as a spare kitchen (or visa versa) is dangerous and could negate a landlord’s responsibility for repairs in that situation.

Some repairs may be described as the tenant’s responsibility in the lease. For example, some appliances are provided in “as-is” condition. If the refrigerator was rented as is, don’t have a meltdown if the ice cream turns to liquid and expect repairs to be on the landlord’s tab.

Finally, the repair-and-deduct remedy can be used only twice in a calendar year. And be careful: If the defects you find troubling are not severe enough to warrant the deduction, you may be subject to eviction for nonpayment of rent.

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