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Can my landlord evict me for reducing the cost of repairs from the rent amount?

Can my landlord evict me for reducing the cost of repairs from the rent amount?

Q: Can my landlord take my belongings?

No, a landlord cannot take your belongings without your consent. In California, tenants have the right to their possessions, and a landlord must follow legal procedures to remove items, typically through an eviction process. If a landlord unlawfully takes your belongings, you may have a legal claim for damages.

Q: Can a landlord take away a parking space from a tenant?

In California, if a parking space is included in your lease, the landlord cannot take it away without proper notice or cause. Changes to parking arrangements should be agreed upon by both parties. If your lease does not specify parking, the landlord may have more flexibility, but it's best to clarify this in writing.

Full question:

I am storekeeper for a furniture unit in Sonora, California. I live in a rental space quite close to my workplace. I had asked my landlord to fix the wooden staircase that I use daily to climb up to the rented space. The stairs were soggy and soft due to the frequent rainfall. As he ignored my request, I got one of my colleagues at work to fix the staircase and put in new wood planks. I deducted the cost of the wood as well the service charge from the rent. The landlord is pretty agitated about the fact that I deducted the cost from the rent and is threatening to evict me for non-payment of rent. Can he legally have me thrown out for non-payment of rent?

Category: Landlord Tenant
Subcategory: Repairs
Date: 04/07/2025
State: California

Answer:

It is the duty of a landlord to keep the rental in a livable condition complying with all the safety standards. In California, the tenant has three remedies available to him if the landlord ignores the request for getting the repairs done:

The tenant may deduct money from the rent to pay for the repair of defects in the rental unit.
The tenant may abandon the rental unit that has substandard conditions which affect the tenant's health and safety. This an option available when the cost of repairs is more than a months’ rent.
The tenant may withhold rent till the landlord makes the repairs.

In the above-mentioned circumstance, you opted for the first remedy available where you deducted the money used for repairing the staircase. This would not be considered as non-payment of rent. If the landlord is threatening to evict for non-payment of rent, that would be in clear violation of the Cal. Civ. Code § 1942.5. The law prohibits any “retaliatory acts” from the landlord that evicts the tenant within a period of 180 days for exercising his rights as a tenant or “because of his complaint to an appropriate agency as to tenantability of a dwelling”.

Before a court, if a landlord seeks to evict the tenant or takes other retaliatory action within 180 days after the tenant exercised his rights, it assumes that the landlord has a retaliatory motive. It is up to the landlord to convince the court otherwise.
The landlord will be in clear violation of the provision laid down in Cal. Civ. Code § 1942.5, if tries to evict for the reason that you deducted the cost incurred to repair your staircase.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can my landlord take away my storage?

In California, a landlord cannot arbitrarily take away your storage space without proper notice or cause. If your lease specifies storage areas, they are part of your rental agreement. Any changes to these terms would typically require mutual consent. If your landlord tries to take away your storage without a valid reason, you may have grounds to contest this action.

Can the landlord store their stuff in a property during a tenancy?

Generally, a landlord should not store their belongings in a tenant's rental unit without permission. Doing so can infringe on the tenant's right to quiet enjoyment of the property. If a landlord needs to store items, they should discuss this with the tenant and ideally obtain written consent. Otherwise, it could lead to disputes.

Can a landlord charge me for leaving furniture?

In California, a landlord cannot charge you for leaving furniture unless it is specified in your lease agreement. If you leave items behind after moving out, the landlord may charge for disposal or storage, but this should be outlined in your rental contract. Always check your lease for specific terms regarding furniture and belongings.

Can my landlord take my belongings?

Can a landlord take away a parking space from a tenant?

What can't a landlord do in California?

In California, landlords cannot retaliate against tenants for exercising their rights, such as reporting unsafe conditions or making repairs. They also cannot discriminate based on race, gender, or other protected categories. Additionally, landlords cannot enter a rental unit without proper notice, typically 24 hours, unless in emergencies.