Withholding rent, repair-and-deduct and tort claims: what landlords need to know

In her presentation, Jennifer Felton reviewed statutory tenant remedies and the risks landlords face when habitability standards are not met. She explained that repair-and-deduct becomes available after 30 days for non-emergency repairs and is capped: "The most they can do is, 1 month's rent for whatever repair it is, and they can only do this twice within a 12 month period," she said. Felton warned landlords that tenants can withhold rent for serious safety defects, terminate leases for uninhabitable units, and pursue civil tort claims for damages.

Felton also described the implied warranty of habitability under California law and how delays or inadequate responses can affect unlawful-detainer actions and jury outcomes. She advised landlords to treat tenant complaints seriously, document responses, and consult counsel when tenants withhold rent or allege health impacts.