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Can my landlord evict me for deducting repair costs from rent?

Can my landlord evict me for deducting repair costs from rent?

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:

In California, landlords must keep rental properties in a livable condition. If a landlord fails to make necessary repairs, tenants have three options:

Deduct the repair costs from the rent.
Abandon the rental unit if the conditions are unsafe and the repair costs exceed one month’s rent.
Withhold rent until repairs are made.

In your case, you chose to deduct the cost of the staircase repair from your rent. This action is not considered non-payment of rent. If your landlord threatens to evict you for this deduction, it may violate California Civil Code § 1942.5, which prohibits retaliatory eviction within 180 days of a tenant exercising their rights.

In court, if a landlord tries to evict a tenant within this timeframe after they’ve exercised their rights, it’s presumed that the eviction is retaliatory. The landlord must prove otherwise. Therefore, your landlord cannot legally evict you for deducting the repair costs.

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.