Question

A landlord sued his tenant ins mall claims court because his tenant did not give notice before leaving. The tenant said that he had told the landlord of plumbing problems that the landlord did not repair. which statement is true?

A) The landlord would get money from the court because the tenant should have repaired the plumbing and deducted it from his rent. B) The landlord would not get money from the court because either party could rescind the contract. C) The tenant would be compensated by the court D) The failure to repair the plumbing was a default on the landlords part Civil Code Section 1942 provides that a landlord must make repairs within a reasonable time after written or oral notice of dilapidations that make premises untenantable. Otherwise the tenant may "repair and deduct" or vacate the premises, owing no further rent.

Answer 1

According to Civil Code Section 1942, a landlord is required to make repairs within a reasonable time after receiving notice from the tenant regarding dilapidations that make the premises untenantable. If the landlord fails to make the necessary repairs, the tenant has two options: they can either repair and deduct the cost from their rent, or they can vacate the premises without owing any further rent. In this case, if the tenant notified the landlord of the plumbing problems and the landlord did not repair them, the tenant would likely have a valid claim against the landlord.

Step-by-step explanation:

According to Civil Code Section 1942, a landlord is required to make repairs within a reasonable time after receiving notice from the tenant regarding dilapidations that make the premises untenantable. If the landlord fails to make the necessary repairs, the tenant has two options: they can either repair and deduct the cost from their rent, or they can vacate the premises without owing any further rent. In this case, if the tenant notified the landlord of the plumbing problems and the landlord did not repair them, the tenant would likely have a valid claim against the landlord. Therefore, option D) The failure to repair the plumbing was a default on the landlord's part is the true statement.