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Q.What risks does a tenant face by using the Repair and Deduct method?
A.If the defects complained about by the tenant are not deemed serious enough to justify the use of the repair and deduct remedy or if the notice period given by the tenant to the landlord is deemed too short, the landlord, at the landlord's option, can sue the tenant to recover the money deducted from the rent, or file an eviction action (unlawful detainer) based on the nonpayment of rent.
If a landlord opts to serve a tenant who availed himself of the Repair and Deduct method with a three day notice to pay rent or quit, we strongly suggest you immediately either contact a local attorney and/or remit payment of the rent (the amount deducted) within the 3 day notice period and sue the landlord in small claims.
Contacting an attorney is a good idea because if the tenant properly used the repair and deduct method and the landlord is using the opportunity to evict the tenant or raise the rent, it may be deemed a "retaliatory eviction."
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