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What can I do instead of reporting the owner?

If the problems affect tenantability, you can make repairs yourself or pay to have them made. Then, you can deduct that money from your rent. But you cannot deduct more than the cost of one month's rent for any one repair. And you cannot use the repair and deduct remedy more than twice a year.

You also could stop paying rent until repairs are made. This can be a risky procedure without legal advice because the owner may sue you if you do not pay rent. And, you probably should put your rent money into an "escrow" account. This means that your rent money is kept in a savings account or safe deposit box. This makes sure that you will have the money to pay the rent when repairs are made or if you have to move.

In either case, be sure to write to the owner first saying what you plan to do. You also must give the owner a reasonable amount of time to make the repairs.

If you have a major complaint about the owner, it is possible that the other tenants do too. Get them together to talk things over. Perhaps all of the tenants will sign a letter asking the owner to make a certain repair or improvement. Or, they might select one person to meet with the owner on behalf of all the tenants.

If all else fails, you and the other people in the building might consider holding a rent strike. In California, rent strikes are legal only under certain conditions. So you and the other tenants may want to pool your money and hire a lawyer.
Even if you do not hold a rent strike, you may need a lawyer's help.*

Important: If your case deals with personal injury (automobile accidents, motorcycle accidents, pedestrian accidents, slip and falls, dog bites, medical or legal malpractice) or workers' compensation cases (accidents at work) and deals with California law, you can reach us 24 hours a day, 7 days a week just by calling 1-800-LAW-TALK, from anywhere in the United States, for a free consultation. You can also reach us from outside of the United States by calling 323-934-9899. Please submit all other types of questions through the BBS.

These Frequently Asked Questions are based on California Law. Information with a * was originally published by the State Bar of California and is also available through them. It is reprinted with their permission.

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