Do I have the right to deduct the cost of take out food due to not having a working stove in my apartment?

My stove was deemed an explosion hazard by the gas company. I informed my landlord of this and he has yet to replace my stove I have eaten out for almost 3 weeks now due to this and it’s beyond expensive to have 3 meals per day ordered in for weeks. It is now past the first and I still don’t have a working stove as promised Do I have the right to deduct rent and how much?

Asked on March 2, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unfortunately under the laws of all states in this country, the right to deduct rent is contingent upon making repairs to a unit where some item is a habitability issue such as lack of heat after giving the landlord notice of the problem.

Unfortunately you cannot deduct for the costs for the take out food you have had to buy. You should be entitled to some rental rebate.

Since your landlord is not responsive, I suggest that you make a complaint against him or her with the local health and safety department or the building and permit department as to the lack of a working stove.


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