Legal Question in Landlord & Tenant Law in California
I rent a 1 bedroom apartment in Oakland, CA. There is no real heater in the apartment (there has never been one while I've been living here) and the landlord gave me one small portable space heater, which does not substantially heat up one room at a time let alone the bedroom and living room. It is useful only when I am sitting right in front of it and I have had to use the oven to help warm the place up. It has started to get moldy in the apartment, which seems to be largely due to the lack of sufficient heat. I have seen Civil Code 1941.1 which states that a rental unit is uninhabitable if it lacks heating facilities in good working order but I am wondering if there is anything more specific that shows that having ONLY a space heater would qualify legally as insufficient heat. Also, if you have any advice on getting out of my lease based on these conditions it would be greatly appreciated.
1 Answer from Attorneys
Space heaters are against the building and fire codes and are illegal. Your unit is uninhabitable. See caltenantlaw.com for more.
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