Legal Question in Real Estate Law in California

Re: Lack of Heat in a Rental Unit

If the rental premises are uninhabitable, but can be repaired, then you have the right to repair it at the landlord's expesne - if the value of repairs is less than one month's rent. The landlord is not permitted to retailiate agfainst you or evict you because you did this, and if he tries, may be liable for a lot of damage. 30 days is considered a reasonable period of time after notice. Notice to repair can be oral, but there are always problems of proof here. Best to give another written notice.

Under Civil Code 1942, if you have given oral or written notice to the landlord [written is better proof] to fix the heating, and he does not do so, then you may elect to repair the heating and deduct from your rent [if the repair is less than one month's rent], or vacate and terminate the tenancy. This is a valuable right, and may give the tenant an opportunity to terminate if you act within the statute. Get a copy of Sections 1941-1942 off the internet or at a local library.

You may also want to file a complaint with the local building official, and the California FEHA.Public agencies are helpful if they act, but may require periodic voice activation toward them for the best results.Good luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553