Legal Question in Landlord & Tenant Law in California
Broken Heater / Tenants Rights
I moved into apt in June 07 when it was hot. Now I am freezing bc the heater is not working.
I called mgmt office late Nov; they told me to call Gas Co. to have pilot light lit. Gas Co. finally came over Tuesday, 12/18.
Gas Co. employee said real problem was that heater was venting carbon monoxide.
I called mgmt & put in work order. They promised to get back to me later that day but never did. I called several times from Wed thru Fri til they finally got back to me about status of scheduled maintenance. Finally they sent someone over on Sat, 12/23.
Maint. guy was under impression that the vent was only clogged so when he ''discovered'' the exhaust problem he said that further inspection would have to wait until Mon, 12/24.
In late afternoon of 12/24, maint. took heater out of apt. He said further repair would have to wait til after holidays.
Called mgmt office on 12/24 to ask for rent reduction. They said write a letter then we'll see.
I would like to know my likeliness in getting rent reduction, considering heater was not properly inspected before leasing. This seems to violate Civil Code 1941.1d.
What in particular should I mention in letter? How to proceed if they reject my request?
2 Answers from Attorneys
Re: Broken Heater / Tenants Rights
Write a certified letter, return receipt requested, giving 3 days notice.
Call your local building inspector, or health inspector, and file a report,
At this point you can repair and deduct, withhold rent, etc
Your answer requires more space, and time, than I can give to you, so read the following.
I am sending an online version of a pamphlet from Riverside Legal Aid Society, and read especially sections 4,5, and 6.http://www.inlandlegal.org/publications/landlord_tenant.pdf
Good luck!
Re: Broken Heater / Tenants Rights
Mr. Bennett is correct. You might also want t add to the letter that they have basically put you a position that you may have to move out; this is called "constructive eviction". So since they have breached the warrant of habitability by failing to provide one of the necessary factors for living in a place [lack of heat]. You would then have to go and find another place to live. Since you have paid your December rent, the only money you can hold back on is the January rent. You should tell them that the fair market rental value is zero because no one would rent the place in winter without heat and that you will move out as soon as you can find other reasonable accommodations. In the meantime, since you can not repair a heater that has been removed, you are buyer a space heater and deducting it from your rent.
If you want to stay there, tell them that and why [would not be able to find comparable place within short period of time], tell them you are going to buy enough heaters to stay warm and that they will have to pay for them and the increased electricity if you pay that utility.
Also hand deleiver a copy of your letter so management gets it a day earlier and can act faster.
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