Legal Question in Real Estate Law in California
Problems with the Landlord...Won't fix things!
I phoned my landlord over 90 days ago to request that the a/c in my unit be repaired. I was informed that I'd be put on a list to be repaired. A couple of weeks ago I inquired again about the repair. I was informed because I've paid my rent consistently late he didn't feel he had to fix it. On 7/9 with him regarding an unnotified entry into my unit where dirt and blood remained in my bathtub. After glossing over an explanation of why I wasn't notified. He changed the subject to inform me that I'm back on the list to fix the A/C. And, by law they aren't required to provide it. They hoped I would just move because of the conditions. I still don't have an exact date of repair. And even though the law doesn't require them to provide A/C, aren't they required to repair the amenities that are provided at the time of rental? I'd like to know do I have any ground to stand here. HELP!!
2 Answers from Attorneys
Re: Problems with the Landlord...Won't fix things!
If you have a written lease, does it contain any provision about repairs? An express promise to repair may be the basis for a civil action for damages. You could probably not repair the A/C yourself and deduct it from the rent. You would have to file suit, perhaps in small claims court.
Re: Problems with the Landlord...Won't fix things!
Do you have a term lease or are you month-to-month? My opinion is that failure to fix the AC would be a breach of a term lease (say, one year) but would be a permissible change (just like a rent increase) in the absence of a long-term agreement of some kind.
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