CAUTION

A tenant stops payment on this ground at his or her peril. The tenant may deposit withheld rent into an account and notify the landlord. This may be persuasive evidence that the tenant’s intent was to cure a defect and not simply to avoid paying rent. When you determine the extent of any diminution in rental value, the defendant has 5 days to pay the reduced rent or the eviction will proceed. [See CCP §1174.2(a).]