Legal Question in Landlord & Tenant Law in California

Letter from Mgmt Co. Regarding Broken Heater

I sent a letter to mgmt company re: a broken heater that was in my apt. It was discovered to have been leaking carbon monoxide before I started using it.

I think mgmt is legally and ethically responsible for making sure the gas heater is in operable condition before a tenant moves in. They keep denying this, saying they only fix heaters until a tenant complains about it.

The mgmt co. also said that they have no time to check heaters in each of their apts. and that the utility co. is responsible for finding problems with the eqpmt.

I bought a space heater while they were fixing the gas heater in my apt. I requested a reimbursement in rent and they sent me a letter that stated the following:

''For gas heater, tenants are to call the gas company for an annual check.''

Does that sound right? It seems like mgmt is trying to do as little as possible.

I'm also confused about this next passage regarding the space heater I bought and deducted from this month's rent:

''Upon delivery to us of the dish heater, we are hereby prepared to reimburse you for its purchase price.''

Am I actually supposed to give them my new space heater?

Any help appreciated, thanks.


Asked on 1/11/08, 1:50 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Letter from Mgmt Co. Regarding Broken Heater

Management is responsible for broken heaters, and for repairing leaking carbon dioxide.

You do not say whether it is repaired yet, but you did say that "they were fixing it", so I assume it is fixed.

What you did, without realizing it, is known as "repair and deduct".

I would write a certified letter, return receipt requested, telling them that it is your heater, and there is nothing to send them.

This company has stooped to new lows in "cheapness and pettiness".

If you have more problems, please resubmit, or e-mail me at my office.

Good luck!

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Answered on 1/15/08, 3:27 pm


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