Legal Question in Landlord & Tenant Law in California
House Renter in California. Hot water heater went out on a Thursday leaving no hot in the house until the following Tuesday EVENING. I paid for a hotel for two of the nights to take hot showers. I paid rent deducting the hotel cost of both nights and prorated cost per day with no hot water ($67.50 per day for 5 days). I sent a letter to the landlord advising of that prior to paying rent. I just received a message from the Landlord I can only either deduct the prorated amount or the hotel cost. Is he right?
2 Answers from Attorneys
No, he is not legally right. He is being generous letting you elect the two nights in the hotel if it is more than the pro-rated rent. You are legally only entitled to pro-rate the rent for six days. You most definitely are not entitled to both.
You don't get both. I agree with Mr. McCormick.
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