Legal Question in Real Estate Law in California

Re: Tenant/Landlord Issue

There are web sites that let you get copies of decided cases; try putting in the case name.

Re: Tenant/Landlord Issue

You are probably entitled to at least a partial offset of your rent. You might politely explain to the landlord what an inconvenience it has been and politely ask if the landlord is willing to offer an offset.

Re: Tenant/Landlord Issue

I agree with Mr. Berger. California's Civil Code (section 1941) requires a landlord to make and keep a residential rental "tenantable" and to repair "dilapidations." This is 1872 terminology. A more recent addition to the law, Civil Code section 1941.1, lists conditions that render a unit untenantable. At 1941.1(c), a water system capable of providing both hot and cold water is listed.

Since the landlord is addressing whatever condition required this in the first place, the landlord is meeting the statutory obligation to fix the situation within a reasonable time.

However, there has still been a breach of the implied warranty of habitability. Technically, the tenants are entitled to a rent adjustment (reduction, abatement, or whatever you want to call it) as damages for the breach. You probably don't want to get into lawsuit mode over this, but as Mr. Berger points out, you can use the plielihood that you'd win damages as a discussion point in "friendly" negotiations with the landlord.

There is precious little case law and no statute telling us how the amount of damages, and thus the proper amount of rent reduction, should be determined. The best I could find is a Superior Court appellate department decision from 1980. You can look it up at a law library; Cazares v. Ortiz, 109 Cal.App.3d Supp. 23. It has a fairly easy to understand and use formula. Good luck.