Legal Question in Landlord & Tenant Law in California

Re: Landlord- Tenant Laws

First, most cities require a permit for the installation of a water heater, even if it is a replacement of an existing one. I can guarantee that the landlord does not have a permit. Very quickly before they close today, call the City Building Department and advise them of your situation. They can often intervene and "persuade" the landlord to hire someone who knows what they are doing to fix the problem. This is the practical solution to your problem, but may lead to an unintended consequence (again, not legally, but just from my experience you might face this). The landlord, if you do not have a term-lease, is going to be pretty ticked that you called the City on them, and may either serve you with a notice terminating your tenancy, or may increase your rent dramatically. In the case of an eviction, by calling the building department, you help build the case that the eviction is retaliation for complaining, and you may be able to avoid eviction. The rent increase is one that may be harder to defeat, as a month-to-month tenant (which you are if you do not have a term lease) is subject to change with 30 days notice, and termination of your tenancy on 60 days notice, unless you have lived there less than a year, in which case they need only give you 30 days notice.

From a legal perspective, you may have claims against the landlord. First, had you more time to deal with this (in other words, addressed it when it first happened), there is a procedure in the law which, after following the procedures for notices and opportunity to repair, would allow you to repair the water heater, and deduct the cost from your rent. Hot water is generally considered to be a habitability issue. Second, you may have a claim against the landlord for damages for the time the house was marginally habitable as a result of no hot water, and now no water at all. Pursuing these claims, however, must be weighed against the potential of being evicted or rent jacked up extremely high. Even if you are right, and the landlord takes retaliatory action against you, you still are going to wind up in court having to deal with it, and that is not cheap.

Start with the City Building Department - ask that they get someone out immediately for a permit violation.

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