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Q.What is the "repair and deduct" remedy?
A.California Civil Code Section 1942 allows a tenant to use the "repair and deduct" remedy to deduct up to one month's rent to pay for repairs of substandard conditions in the rental unit that are affecting the health and safety of the occupants, and substantially breach the implied warranty of habitability (e.g. no working toilet, no hot water, a gas leak, a leak in the roof during a storm or while a storm is approaching).
The repair and deduct remedy should only be used to make absolutely needed repairs of serious conditions.
We also strongly suggest that prior to availing yourself of this remedy, that you consult with a local landlord-tenant attorney or legal aid foundation that handles landlord-tenant matters.
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