Legal Question in Landlord & Tenant Law in California

my rental agreement states the lanlord will pay all utilities. for the last 3-4 months i have been without cable tv, trash pickup, and no gas service for hot water. can i legally withhold rent? what legal options do i have? there is also a few code violations on the property. i feel when i pay rent, im paying for something im not getting. please help, thank you


Asked on 6/22/11, 12:07 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

I would send a certified letter to the landlord, attaching a copy of the rental agreement with the utility provision highlighted. I would argue that the landlord should not be responsible for cable TV, because that is not a necessary utility. But, certainly, you must have hot water, the absence of which is a health violation. Once the landlord is aware of your written demand and your request to abate rent because of that, one would hope that the landlord would pay attention.

I wouldn't be surprised if your landlord is having his/her own financial issues and the property is approaching or is in foreclosure. If you receive any notices from banks, you should contact them immediately to let them know of your tenancy and utilities issues. In certain localities, tenants have more rights than do former or current homeowners.

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Answered on 6/22/11, 12:25 pm


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