Legal Question in Landlord & Tenant Law in California
A/C out, landlord won't fix
Our central A/C quit working in our rental house 1 week ago tomorrow, we have been living in 100 plus degree heat all week. (High desert, south. Calif.) Per the owner's property manager, I called an A/C repairman, paid 75.00 for a service call to find out it will cost 1600. to replace the condensor/compressor. All I hear from the property manager is he is waiting for the owner's approval. How long do I wait and what do I do next, we are absolutely miserable here. Thank you so much.
1 Answer from Attorneys
Re: A/C out, landlord won't fix
I sympathize with you.
California law lists 8 categories requiring emergency repairs. Air conditioning isn't one of them.
You must notify the landlord immediately, by letter, either hand-delivered or certified (return receipt), that the house is uninhabitable.
There are a number of options, if indeed it is uninhabitable. This problem is right on the line between uninhabitable and habitable.
Other options include repairing yourself, and deducting from the next rent (you should try this in August) but can't deduct more than the rental cost for one month.
You can withhold rent. You can call the local housing authority, and have a building inspector look at the situation. If drastic enough, you can move out.
I am enclosing an excellent website from Orange County that gets into more details.http://www.fairhousingoc.org/landlord.html#q11
My best advice is that you have an attorney immediately write a strong letter to landlord/property management. Frequently, that produces prompt positive results. Even if ignored, the letter helps dramatically if, and when, you face a judge in Small Claims Court.
Please feel free to e-mail, or call, for additional advice.
Good luck!
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