Legal Question in Landlord & Tenant Law in California

Re: Broken Heater / Tenant's Rights

I have drafted a letter to the mgmt. Below is the body - is it OK?

''The heater should have been inspected and repaired before I moved in and

the lack of a working heater violates the implied warranty of habitability. It is also in violation of California Civil Code Section 1941.1d.

Considering the circumstances (no heat in winter) a reasonable amount of time has passed since I first contacted Roque Mark by phone and thus I am exercising my right as a tenant to �repair and deduct� as stated in Civil Code Section 1941.

I have purchased a space heater for the apartment and have included a copy of the receipt. I will be deducting this amount from my rent for January.

The lack of heat has made the apt uninhabitable. I have had to stay with a friend since the beginning of the month and as such I have not gotten my money�s worth in regards to the rent I already paid for December. Starting today I will be spending nights in my apartment again so it would be fair of you to also reimburse me for the following:

--the portion of the electric bill from today�s date until the apartment heater is fixed; &

--the pro-rated rent from December 1st until December 28th (today), which amounts to $1440.00.''

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