Legal Question in Landlord & Tenant Law in California
Right to ''Livable Conditions''
From my understanding of Nolo's ''California Tenants' Rights,'' a rented property must provide ''adequate'' heating. Prior to signing my lease, the house only has heating downstairs. There is none upstairs where the bedroom is located.
(1) Is there any responsibility by the owner to provide heating upstairs?
Also, according to Nolo's ''California Tenants' Rights'' just because a landlord states an structural flaw of the building in the lease does not mean that they are absolved from fixing it.
(2) Prior to signing my lease, the lease states that the fire place has structural damage and is not to be used. Is this a condition I can push to have fixed based on my rights to a ''Livable Conditions?''
(3) Lastly.... where can I go to find out if the property is registered in San Jose as a rent controlled property? Do you know what the penalty is in San Jose, if any, if the property is not registered?
Thank you in advance for your time,
1 Answer from Attorneys
Re: Right to ''Livable Conditions''
I can't answer the San Jose-specific question. Typically, a city's rent control or rent stabilization board maintains such records.
Yes, heating must be provided in living areas. If the fireplace is the only source of upstairs heating, then it has to be repaired. Usually, though, it's just decorative and does not rise to the litigation or demand level. You might be able to get a rent reduction for lack of heat, assuming that heat is a necessity right now. Talk to the rent board.
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