Legal Question in Landlord & Tenant Law in California

When we first moved into our 440sq ft studio apartment, it came with a central air unit. Well, that unit broke down, and our landlord doesn't have the money to get it fixed.

Now we're stuck sitting in an apartment that gets up to 97 degrees until midnight.

She refuses to lower our rent (it is $1,130, including utilities) and our lease runs up in November.

I also have medicine that cannot be in a room that is over 78 degrees, and cannot be refrigerated.

Is there anything legally we can do? Is she breaking any laws? Any advice is helpful, thanks.


Asked on 8/25/10, 11:04 pm

1 Answer from Attorneys
Melanie Butler The Law Office of Melanie M. Butler

If the lack of central air results in the apartment being uninhabitable, and you have informed the landlord and given her a reasonable opportunity to fix the problem, you are entitled to withhold rent until it is fixed, or break your lease early without consequences.

You can also report this to your local housing department, and they will inspect the property and issue her a notice requiring her to correct any code violations by a specific deadline.

DISCLAIMER: This response is for informational purposes only and does not form an attorney-client relationship. It represents only the educated opinion of the author. It should not be relied upon as legal advice. The response is based on the limited facts provided, and might change given additional or different facts.

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Answered on 9/03/10, 5:40 am


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