Kitchen sink backed up two weeks ago. I texted, I emailed, I called the management company three times, and got nothing but we are working on it. By day twelve I had standing water and a dishwasher I could not run, so I called a plumber myself and paid two hundred and eighty dollars out of pocket.
Now they want full rent on the first. Can I legally take that off, and how do I put it in writing so it does not turn into a fight?
You are on solid ground, but do it by the book. California Civil Code 1942 lets a tenant repair and deduct once the landlord has had reasonable notice and has not fixed something that affects habitability, and standing water in a kitchen qualifies. The cap is one month's rent and you only get to use it twice in twelve months, so it is not a tool to spend casually.
On my side of it, paper is what makes this clean or messy. Send one letter, not a text, with the dates you reported it and the itemized invoice attached, and pay the rest of the rent on time. An owner who gets a clear invoice almost always writes it off.
Just being realistic here, the letter matters more than the law does. Send it certified mail and keep the receipt, because proof you told them and proof of what you paid is the only thing that helps you later.
Yep, I did something like that before. Just don't try to mess with your landlord unnecessarily. There are legal ways and as Beverly said, the law is on your side.
Yes you can repair-and-deduct in CA if they had notice and sat on it. Two weeks of a backed-up kitchen sink is more than enough for an emergency plumbing issue. The statute even says 30 days is only a presumption, shorter is fine when the place is actually unusable. The cap is one month’s rent, twice per 12 months. Attach the receipt. Certified mail or email, plus a paper copy with the check. Don’t withhold the whole rent.
Did this with a water heater last year in Pasadena. I sent the invoice as a PDF the same day and deducted it the following month, and the owner never said a word about it. Everything in email, nothing over the phone.
One more thing worth doing even now that it is fixed. Call the LA Housing Department and request a code enforcement inspection on the unit. It is free, an inspector comes out, and it puts an official record on the property that has nothing to do with your word against theirs.
We have our own rent stabilization division here in WeHo and it is the single most effective call a tenant can make.
Management companies love “we’re working on it” until you paper them. Send a notice with a timeline, photos of the standing water, the plumber's license/invoic.. Add a line that says you are deducting $280 from September rent pursuant to Civ. Code § 1942. Keep copies of the texts and emails. Good luck, girl!
Worth knowing the other side of it before you deduct. If they disagree, what shows up is a three day notice to pay or quit, and then you are the one explaining yourself. That does not mean do not do it, it means do it clean so the explanation is boring.
Photos of the standing water with dates, the text thread where you reported it, the invoice. With all three you are fine.
Uhhh that sucks!!! But you already did the hard part. You waited, you documented, you fixed it. Now make the deduction boring and official. Just text them so they understand.
Two weeks for standing water is insane!! Our building took almost three weeks on a garbage disposal and the only thing that moved it was emailing the property manager and the owner on the same thread every single morning. Annoying, but suddenly somebody was available. Glad you just handled it yourself honestly, I would have lost my mind by day four.
Yes, I think you should be aware of this. Being within your rights doesn't mean the other side won't try, but the laws apply to them too.