Legal Question in Landlord & Tenant Law in California
my house needs for the water heater and heater to be replaced and the landlord wont replace because i owe her 100 dollars for rent which we had agreed for me to pay on the 1st or before december 1st,2011 and i have a new born in home can she do that if we agreed to my paying the 100 on or b4 tha 1st of december i dont understand her i just moved in and my appliances were inspected by gas company now she wont repair until i pay her the 100 dollars? help ma what can i do its very cold in this house for the baby and myself??
2 Answers from Attorneys
Whether or not you are current on your rent the landlord owes you a duty to provide a habitable house and the law requires that there be adequate heat and hot water. You can deduct up to one months rent to pay for actual repairs to the heater. It was not legal to rent the house out with those problems. Give the landlord one more demand pointing this out and then report it to the local health department. Go to your local library and read the applicable sections in Nolo Press books or similar legal guides for lay people. If repairs are not done you could leave without owing any more rent on the basis it is a constructive eviction.
Mr. Shers is right. A landlord must provide heat and hot water at all times. If you don't pay your rent, their remedy is to try to evict you. It is illegal to try to drive you out or force you to pay rent by depriving you of heat and hot water. You should immediately call Central California Legal Services for help at 559-733-8770 or go to their office at 208 W. Main St., Suite U-1, in Visalia.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
