This remedy is most often used when the cost to repair the defects in a rental unit would exceed one month's rent. The abandonment remedy has most of the same requirements as the repair and deduct remedy.

California Civil Code Section 1942 provides that to use the abandonment remedy, the rental unit must have substandard conditions that affect the tenant's health and safety, and substantially breach the implied warranty of habitability. If the tenant uses this remedy properly, the tenant is not responsible for paying further rent once he or she has abandoned the rental unit.

To lawfully abandon a rental unit:

1. The defect(s) must be serious and detrimental to the health and safety of the rental unit's occupants;



2. The defects must not have been caused by the tenant nor any of the tenant's relatives, guests, or pets;



3. The tenant must inform the landlord of the needed repairs (a certified letter is preferred); and



4. The tenant must give the landlord a reasonable period of time to make the needed repairs (Typically 30 days is considered reasonable, but if the only toilet in the unit isn't working 24-48 hours may be sufficient).

While the notice period is pending, the tenant should (if possible) have local health or building officials inspect the rental unit. If the landlord subsequently fails to make the repairs within a reasonable period of time, the tenant should notify the landlord in writing of the tenant's reasons for moving out, take pictures and video of the defects and the premises once everything has been moved out, hand over the keys to the landlord or the landlord's agent, and leave. The tenant should retain a copy of the two written notices to the landlord, any inspection reports, as well as any photographs and video evidencing the defects in the unit.