Can a tenant repair and deduct from rent in California?
Yes, within limits. In California, if a landlord does not repair conditions that make the home untenantable within a reasonable time after notice, the tenant may make the repair and deduct its cost from the rent when it costs no more than one month’s rent, or move out and owe no further rent. The remedy may be used no more than twice in any 12 months, acting after the 30th day following notice is presumed to be a reasonable time, and it is not available for damage the tenant caused. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is Cal. Civ. Code § 1942.
| What | California |
|---|---|
| Repair and deduct | Allowed by statute, within a cap |
| Limit | Up to one month’s rent, twice a year |
Source
Cal. Civ. Code § 1942
Read the statute in the California Codes (California Legislative Information): leginfo.legislature.ca.gov.
Checked against the statute on October 23, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.
Guides on this rule
- How Long Does a Landlord Have to Make Repairs? Deadlines by State — Repair deadlines after a tenant’s notice in Washington, Texas, Arizona, Oregon, California and Florida, and what a tenant may do if the landlord misses one.
Compare this rule in every state
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