(a)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 of the premises and deduct the expenses of such repairs from the 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.
(b)For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.
(c)The tenant’s remedy under subdivision (a) shall not be available if the condition was caused by the violation of Section 1929 or 1941.2.
(d)The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental
agreement, or other applicable statutory or common law.
Notes of Decisions
Sylvia Landfield Trust v. City of Los Angeles, 729 F.3d 1189 (9th Cir. 2013).
· cites it 2× “California Civil Code § 1942 permits a tenant who lives in substandard housing to make “repairs” needed to render the housing tenantable, and then “deduct the expenses of such repairs from the rent.”
Fisher v. City of Berkeley, 693 P.2d 261 (Cal. 1984).
· cites it 2× “) By contrast, however, we found that although there is "extensive state legislation governing many aspects of landlord-tenant relationships, some of which pertain specifically to the determination or payment of rent" (citing, inter alia, Civ. Code, § 1942 and Civ. Code, §…”
Knight v. Hallsthammar, 623 P.2d 268 (Cal. 1981).
· cites it 4× “(Civ. Code, § 1942.) There was no error in the instruction on reasonable time to repair.”
Birkenfeld v. City of Berkeley, 550 P.2d 1001 (Cal. 1976).
“Code, § 1935 (apportionment of rent); Civ. Code, § 1942 (right to deduct from rent for cost of repairs); Civ.”
Schweiger v. Superior Court, 476 P.2d 97 (Cal. 1970).
· cites it 2× “On the one hand, Civil Code section 1942 grants a tenant the right to demand that his landlord repair dilapidations in his apartment unit and, if the landlord neglects to do so, the tenant may make the repairs himself, where the cost does not exceed one month's rent, and deduct…”
Drouet v. Superior Court, 73 P.3d 1185 (Cal. 2003).
“) The majority’s holding will permit landlords to threaten tenants that if they complain about the condition of their residence or exercise their rights under *612 Civil Code section 1942 to make necessary repairs and deduct the cost from their rent, the landlord may remove the…”
Sterling v. Santa Monica Rent Control Bd., 168 Cal. App. 3d 176 (Cal. Ct. App. 1985).
· cites it 2× “Regarding the warranty of habitability, Civil Code section 1942, subdivision (d) states: "The remedy provided by this section is in addition to any other remedy provided by this chapter, the rental agreement, or other applicable statutory or common law.”
Tri Cnty. Apt. Ass'n v. City of Mountain View, 196 Cal. App. 3d 1283 (Cal. Ct. App. 1987).
“, Civ. Code, § 1942 [if a tenant repairs his premises “after the 30th day following notice” of deficiencies, he is presumed to have acted after a reasonable time]; Civ.”
Hutcherson v. Lehtin, 313 F. Supp. 1324 (N.D. Cal. 1970).
· cites it 3× “Code § 1941), and that, if within a reasonable time after notice to the lessor of dilapidations which he ought to repair he neglects to do so, the lessee may repair the same himself where the cost of such repair does not require an expenditure greater than one month’s rent and…”
Hernandez v. Stabach, 145 Cal. App. 3d 309 (Cal. Ct. App. 1983).
“The trial court found that defendant’s institution of unlawful detainer actions on the basis of overcrowding was an unlawful business practice since defendant had accepted the rentals knowing that overcrowding would occur.”
Boyd v. Carter, 227 Cal. App. Supp. 4th 1 (Cal. App. Dep’t Super. Ct. 2014).
“” Although the court’s statement that a month-to-month tenancy agreement can generally be terminated upon 30 days’ notice is legally correct, where a substantial breach of the warranty of habitability has occurred or the tenant is asserting that the eviction is in retaliation…”
— Cal. Civil Code § 1942(a) — 1 case
Sylvia Landfield Trust v. City of Los Angeles, 729 F.3d 1189 (9th Cir. 2013).
“California Civil Code § 1942 permits a tenant who lives in substandard housing to make “repairs” needed to render the housing tenantable, and then “deduct the expenses of such repairs from the rent.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.