Legal Question in Real Estate Law in California

I don't have a heater in my apartment, and I have asked my landlord multiple times for this issue to be fixed.

I have referred to the "Warranty of Habitability" law for this issue.

Is the viable enough to break my lease?


Asked on 3/01/10, 8:15 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Instead of "asking," fully document your issue by 1) writing letters to the landlord certified mail return receipt requested; and 2) calling the city building inspector. The building inspector will be more than happy to inspect your unit and to give you a copy of his findings. No heater = no legal habitability. Lack of habitability is a solid defense to any court action by the landlord, either for nonpayment of rent or for damages allegedly due for breaking your lease. The landlord can't hold you to the terms of your lease when the unit is uninhabitable.

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Answered on 3/06/10, 8:30 pm


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