Legal Question in Real Estate Law in California
no response from landlord
My Mom and I rent a 4 bdrm home in Marin County--the home is 45+ years old--we have contacted the landlord re: the gas water heater and the furnace in writing 3 times within the last 4 months. The heater is not working properly-it hasn't for quite sometime. Downstairs there are only two vents one in dining area one if family room, zero in kitchen. When it doesn't run properly we have to have it on for hours so we can get the temp in the kitchen to atleast bareable-but the kitchen window has dry rot around it so cold air poors through the window-doesn't help the situation and our PG&E is costing a fortune. She is aware of this, as it is not a new problem. She sent someone over to check the window about a year ago, rather than fix the problem, he literally used a tub of putty and slapped it over the dry rot. Didn't help. We are freezing-my Mother's doc says the house is too cold and is affecting my Mom's arthritis... Within the last 4 months I have written the landlord 3 seperate times, and I have been completely ignored. What can I do?
2 Answers from Attorneys
Re: no response from landlord
You should look at section 1942 of the Civil Code at the library or on line. It covers the so-called "repair and deduct" provision of state law. Under this provision, with important limitations, a tenant can perform or pay someone to perform necessary repairs and deduct the cost of the same from the rent.
The principal restrictions are:
(1) You cannot deduct more that a month's rent at a time;
(2) You can't do it more that two times a year;
(3) The repairs must be of 'dilapidations' that render the premises 'untenantable.' These two terms have rather technical meanings that limit the applicability of this section more than many tenants believe. However, a non-working heater and a window that cannot be closed against drafts and outdoor dampness very likely fall under the definitions.
(4) The repairs must be 'landlord responsibility' under the terms of the lease. In other words, if the lease requires the tenant to perform all repairs, you couldn't apply the section without facing a possible challenge.
In addition to reading section 1942 and 1941.1 which discusses untenantable buildings, you might want to check out a book on tenant's rights at the library.
Re: no response from landlord
Sometimes a simple letter may solve your problem. Please fax me any estimates you might have along with your purchase contract. We handle cases all over California and take some cases on a contingency. I can at least provide you with free consultation.
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