Legal Question in Real Estate Law in California

Do I pay rent for a non working HVAC system in the house our family is renting ? For over a year now the ac/and Heater have not worked. Also the wiondows in the house do not open.Do I have rights?


Asked on 4/08/11, 10:45 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If a residential rental is equipped with a heating system, it must work. Air conditioners, only if the lease so provides. As to the heat, this is subject to the repair-and-deduct privilege, Civil Code sections 1941(d) and 1942.

As to windows that don't open, many are designed that way. I do not know of any law requiring windows that open, but there may be. If so, it is probably a building code kind of law rather than one particularly aimed at the landlord-tenant situation.

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Answered on 4/08/11, 12:20 pm


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