A California tenant exercises the repair-and-deduct remedy under Civil Code §1942 for a broken water heater. The tenant hires a licensed plumber for $900 and deducts this from the next month's rent of $2,200. Under California Civil Code §1942, is this deduction proper?
Correct Answer
D) Yes, because the deduction does not exceed one month's rent and the landlord was given reasonable notice to repair
Under California Civil Code §1942, a tenant may use the repair-and-deduct remedy when the landlord fails to maintain the property in habitable condition after reasonable notice. The deduction cannot exceed one month's rent, and the remedy may be used no more than twice in any 12-month period. Here, $900 is less than one month's rent ($2,200), making the deduction proper.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A purchase agreement is a legally binding contract between a buyer and seller that outlines the terms and conditions for the sale of real property. It is also commonly called a sales contract, purchase and sale agreement, or earnest money agreement.
Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.
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.
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