Legal Question in Landlord & Tenant Law in California
Tenant w/o A/C for 3 weeks - rent reduction?
If tenant who works from home, home schools, and has child with asthma is without A/c for 3 weeks in CA heat and reduces months rent from $2295 to $1800, can they be evicted or do they legally have grounds against landlord? Landlord claims house was not advertised as having AC so they are insisting on their money.
2 Answers from Attorneys
Re: Tenant w/o A/C for 3 weeks - rent reduction?
Yes, you can be evicted. Texas law does not allow withholding of rent for repairs. Your obligation to pay rent is separate and independent from the landlord's obligation to provide air conditioning. Pay the rent due and then call Dallas City Code Enforcement about the air conditioning. Landlord is required to provide air conditioning.
Re: Tenant w/o A/C for 3 weeks - rent reduction?
I am confused. Are you looking for California law, or Texas law?
If California, my answer is much the same as Ms. Campbell. Air conditioning is not required by law. The facts concerning asthma, home schooling, etc. do not change the law.
Hindsight is wonderful, but you should have noticed no A/C during a "walk through" before you rented.
However, there is an implied warranty of habitability, and it is possible that this was violated by landlord, especially at your cost of $2295 monthly. You may be able to collect damages.
I would suggest you retain an attorney to, at least, write the landlord a letter demanding a change, or rebate, and then either proceed with the attorney to Superior Court, or file an action in Small Claims Court.
Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
