Legal Question in Real Estate Law in California
The apartment I live in in Los Angeles has no heating and it measured 57 degrees F this morning when I woke up. Is getting a heater my (tenant's) choice and responsibility, or does the owner have any responsibility to make the space more livable for humans?
3 Answers from Attorneys
Civil Code section 1941.1(d) requires aresidential rental to have "Heating facilities that conformed with applicable law at the time of installation, maintained in good working order." See also Civil Code section 1941 which introduces the list in 1941.1 and contains an exception that says the listed amenities are not required if the landlord and tenant specifically agree otherwise. Civil Code section 1929 further provides that if the tenant damaged or removed the amenities (heater, door locks, etc.) it becomes a tenant-responsibility issue. Therefore, I'd say the landlord should provide you with a (legal) portable heater unless you agreed at the time of renting to accept it unheated.
Apartments that don't have heating facilities in good working order are not habitable dwellings.
LA County has a number of good tenant resource groups. I suggest you do a web search for tenants rights in your area. By good I mean "vicious" at least from the landlords' perspective.
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