Legal Question in Landlord & Tenant Law in California

I was rented a space in a building that come to find out had several building code issues and no heat.

I have vacated due heat and eventually the plumbing froze/broke. I had paid rent up until the last month i stayed. Am i responsible for rent during the months without heat?


Asked on 1/25/10, 11:19 am

1 Answer from Attorneys
Ronnie Gipson Higa & Gipson, LLP

It is unclear whether or not you rented a commercial space or a residential space. This makes a material difference in the analysis of this question. If the space rented was a residential space, then the landlord has an obligation to comply with the warranty of habitability. This means that the place must be fit for human occupancy. One of the traits of this warranty is the provision of heat. If the space was without heat, then as a tenant you can claim a reduction in the fair market value of the unit based on the violation of the warranty of habitability. At this point, you should contact an attorney to discuss the situation and determine if the warranty applies to your situation. Feel free to call our office for a consultation 415.655.6820.

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Answered on 1/30/10, 11:26 am


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