Legal Question in Landlord & Tenant Law in California

I just rented a house (California) with my 3 minor children and signed a year lease!

2 PROBLEMS: The house's air conditioner does not work very well and it's impossible to cool this house lower then 75 degrees (and that's when I run it all day/night). The landlord sent a professional out here and he told me the a/c unit is not big enough to cool the place, but it is old and needs a new one. The landlord is not cooperating. The other problem is my rent includes a gardner service (one reason I rented this place).....come to find out the "gardner service" is her son-in-law, and he just mows the lawn. No killing weeds, bush trimming, etc.

QUESTION: What are my rights? What is a reasonable time frame for her to fix problems? Can I break my lease? I would of never rented this place if I knew the a/c was this way, and I also had to invest in yard tools to trim/cut/kill weeds and bushes.

Much appreciated for any advice/laws for California tenant rights. Thank you!


Asked on 7/27/10, 1:32 pm

1 Answer from Attorneys
Scott Brear Law Practice of Scott Irvin Brear

much depends upon what your lease says. generally, the landlord would have to make good on the facilities that were part of the house when you rented it. If it had aircon then there would be an obligation to keep it running. In this case, you even have an expert who says it is not working correctly. The question for a court is how significant is this shortfall? Is it enough to walk from the lease? Well, you can always walk, but then what about your deposit? Could the landlord keep it because you broke the lease? Did he break the lease by not maintaining the house? You could for sure make an arrangement to reduce the rent until the aircon is fixed, but it is not as clear as to whether you can break the lease just because of this shortfall. Try negotiating. The landlord would rather you stay and pay less than fight you in court with an empty house on his hands.

Read more
Answered on 8/03/10, 7:47 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California