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Risk Repair And Deduct Remedy
Risks: the defects may not be serious enough to justify using the repair and deduct remedy. In that event, the landlord can sue the tenant to recover the money deducted from the rent, or can file an eviction action based on the nonpayment of rent. If the tenant deducted money for repairs not covered by the remedy, or didn’t give the landlord proper advance notice or a reasonable time to make repairs, the court can order the tenant to pay the full rent even though the tenant paid for the repairs, or can order that the eviction proceed.
The landlord may try to evict the tenant or raise the rent because the tenant used the repair and deduct remedy. this kind of action is known as a “retaliatory eviction”. The law prohibits this type of eviction, with some limitations.159
159 Civil Code Section 1942.5(a).
This is a blog post for Real Estate Professionals, Investors, Landlord, Property Manager, and Property Management Companies. Tenants Guide to Risks in Repair and Deduct Remedy is brought to you by SimplifyEm Pay Rent Online and Property Management SoftwareYou might also want to read:
- Tenants Guide to the Abandonment Remedy in Repairs Instead of using the repair and deduct remedy, a tenant can abandon (move out of) a defective rental unit. This remedy is called the “abandonment” remedy. A tenant might use......
- Tenants Guide to the Rent Withholding Remedy in Repairs A tenant may have another option for getting repairs made—the “rent withholding” remedy. By law, a tenant is allowed to withhold (stop paying) some or all of the rent if......
- Tenants Guide to Repair And Deduct Remedy in Repairs The “repair and deduct” remedy allows a tenant to deduct money from the rent, up to the amount of one month’s rent, to pay for repair of defects in the......
