Legal Question in Real Estate Law in California

Compensation For Heater Problem

I have a rental house in SF. The house had a fire accident last year and had been vacant for almost a year. Apparently when the fire accident happened, PGE shut off the furnace and the furnace has never worked since then. I lived out of the country, I was not aware of this and my previous property manager never informed me about the furnace system. The previous tenants also never complained about the heating system when they used to live there. I have new tenants living in the house since 3 months ago. They complained about the furnace, and I have sent the repair man to fix it without any success. I have finally agreed to have the furnace system to be replaced in the house, and the furnace contractor is ready to start the work. I found out from the tenants today that besides the furnace being replaced, they are asking for additional compensation i.e. 3 month rents being refunded, 1 week hotel stay when the work is being done in the house because they claim that asbestos is hazardous and dangerous to their health, and also moving expenses to move their belongings to give enough clear work space for the contractor. This is really bizarre!!! What is my right? Is there any lawyers willing to help me on this case? Thank you.


Asked on 5/29/03, 1:10 am

1 Answer from Attorneys
Patrick McNeal Law Offices of Patrick D. McNeal

Re: Compensation For Heater Problem

The question that you ask is very complex and really needs a more thorough evaluation and response then your information allows. But to put it simply, you have the obligation of providing your tenant with a habitable residence. The failure to provide a habitable residence allows them to a) withold rent to fix the problem, b) possibly get out of the lease or rental agreement. You are trying to remedy the problem,, but it sounds as if they are seeking too much compensation. These problems usually can be corrected without all of the conditions that they are placing upon you,. Check with your contractor to see what, if any , of these remedies the contractor suggests while work is in place...and suggest a compromise to your tenant. If both sides are reasonable , you should be able to work it out. If not, there are many lawyers that handle these types of problems,,, good luck,pdm

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Answered on 5/29/03, 6:32 am


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