Legal Question in Landlord & Tenant Law in California
My tenants moved in knowing that the heater was not in working condition and that it would not be repaired as we could not afford it. There is a fireplace that is usable. They are now complaining about it. We still do not have any money to fix the heater. Since we disclosed this up front are we required to have it fixed?
Asked on 11/12/11, 3:42 pm
2 Answers from Attorneys
George Shers
Law Offices of Georges H. Shers
Yes, because yo can not rent a unit that does not have adequate heating. There are days when it is illegal to use a fireplace, so the tenants would have no heat. It is not something they are allowed to waive.
Answered on 11/12/11, 8:11 pm
A working heater is a non-waiveable requirement for a dwelling unit to be legally habitable.
Answered on 11/14/11, 11:24 am
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