Legal Question in Real Estate Law in California
ABANDONMENT of apt, even after repairs are made
For 2 weeks we made several calls to our apt. manager to have
the hot water back in our apartment. All we had was cold water. In
writing (and hand-delivered to the manager) we asked them to
extend to us some agreement in compensation within 24 hrs or to
fix the problem within 24 hrs. We did not hear from them
whatsoever. We then sent a certified letter four days later telling
them we'd withhold next months rent as a form of compensation
(even if the problem is fixed) and any rent thereafter (if the problem
still isnt fixed). Still no reply.
I spoke to a City Codes Enforcement Officer next, and he was
already aware of the issue and had just conferred with my
manager and chief building officials and it was revealed that the
problem would be fixed within two weeks. In fact within three days
of that conversation, we had hot water back.
My question is, do we stick with the plan of withholding our rent,
since we went at least three weeks without hot water, or do we pay
the rent and take them to small claims and dodge the risk of
having to pay late rent, if they sue us?
We also are planning on moving out and are wondering if we
even need to give 30 days notice?
1 Answer from Attorneys
Re: ABANDONMENT of apt, even after repairs are made
Your question didn't say whether you are on a fixed-term lease or month-to-month. It sounds more like month-to-month, however, so that's what I'll assume.
Tenants have a somewhat limited repair-and-deduct remedy under California law, see Civil Cide section 1942. It covers "dilapidations rendering the premises untenantable."
See sections 1941 and 1941.1 regarding what are "dilapidations" that make a place "untenantable." Subsection 1941.1(c) makes it clear that lack of hot water is a dilapidation.
However, once the landlord has repaired the dilapidation, the tenant's automatic (or nearly automatic) right to repair and withhold the cost disappears. There is no automatic right to withhold rent for having to undergo a period of untenantable conditions. You may be entitled to damages, to be sure, but the right to damages and the amount thereof would have to be determined by a judge, jury or arbitrator if your rental agreement calls for arbitration of disputes.
If you can find an equal or better deal on a rental, I suggest you give proper written notice and depart on an all-paid-up basis. This will help in getting your security deposit returned without a hassle, and will also protect your credit rating.
You can then later sue in small claims, if you wish, for some monetary damages for the cold-water days.
I would discourage withholding rent and moving out without notice. You might get away with it, but the chances of problems are way too high, and include credit harm, lawsuits, and withheld deposit funds.
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