Q&A with Prop West!!

(Q): I have a tenant who, for the past six months, has deducted different amounts from his rent for repairs he claims he needed done. He claimed that, under California law, he can repair and deduct for anything wrong in his apartment. What is the California law, and is he right?

(A): According to California Civil Code Section 1942, "If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period."
Under California law, the tenant must give the landlord notice of the dilapidations before the tenant may "repair and deduct." The landlord has a reasonable amount of time in which to remedy the dilapidations before the tenant may take any action. Also, only defects that are serious and render the premises uninhabitable will qualify for this remedy; a remedy of which the tenant may only take advantage of twice within the year.
Your situation does not seem to fit these very specific circumstances. Rather, the tenant is abusing a privilege under California law that he technically does not even qualify for. Without providing notice to you of any defects and giving you an opportunity to remedy such defects, the tenant has absolutely no right to repair the defects himself and deduct them from his rent.
Absent any waivers of your rights to accept the full amount of rent from your tenant, you may demand that the tenant pay all amounts previously deducted from his rent.