A tenant notifies a landlord that the unit's heating system has failed, rendering the unit uninhabitable. The landlord takes no action for three weeks. Under California law, which remedy is available to the tenant for the landlord's failure to maintain habitable conditions?
Correct Answer
B) The tenant may withhold rent or repair and deduct, as the landlord has breached the duty to maintain habitable conditions
California Civil Code §1941 imposes a duty on landlords to maintain rental units in habitable condition, which expressly includes functioning heating systems. When a landlord fails to remedy a habitability defect after notice, two tenant remedies are available: (1) rent withholding, recognized as a judicial remedy under the implied warranty of habitability doctrine established in Green v. Superior Court (1974); and (2) repair-and-deduct under Civil Code §1942, which allows the tenant to arrange repairs and deduct the cost from rent (up to one month's rent) after giving the landlord reasonable notice and time to act. Neither remedy requires a court order as a prerequisite.
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Related Topics & Key Terms
Key Terms:
Related Concepts
The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.
A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.
An appraisal contingency allows the buyer to cancel or renegotiate the contract if the property's appraised value comes in lower than the agreed-upon purchase price. This contingency protects buyers from overpaying.
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