Legal Question in Real Estate Law in California

Hello -

I signed a lease on feb 12 to move in the house and clean it with all supplies included. Rent was free from 2-12-11 thur 3-12-11. our kitchen was being remodeled as well, I had no sink until 3-18-11. Also we had a bad breaker, we called edison on 3-1-11, we told the owners, they were going to replace the breakers. They needed an inspector to look at the house because it was so old. So long story short we had edison by pass the elect in the house for basic but we had no heater from 3-12-11 thur 4-5-11. The owner refused to get us a hotel for the 2 nights we had no elect. in the house. We had to sleep with candles and use flashlights in the house. Do I have to pay full rent? Please advise.


Asked on 4/11/11, 4:33 pm

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

Ordinarily, 3+ weeks without heat and/or two nights without electricity (and due to the landlord's fault, not the power company's) would entitle the tenant to an abatement of rent or reimbursement of hotel expense. However, I'm not so sure here, where you had a special deal with the landlord. When you move in to a place that is obviously and admittedly needing repairs and upgrades, get a month's free rent, do the claning yourself, etc., you are outside the usual rules regarding the landlord's duty to repair "dilapidations" and the tenant's right to rrepair-and-deduct. Here, I think there is some possibility that a small-claims judge would rule against you on the ground that you assumed the risk that not everything would be in good order by 3/12 and that repairs would drag on beyond the free period.

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Answered on 4/12/11, 11:28 am


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