Legal Question in Landlord & Tenant Law in California
No heater, no ventilation
I have lives in my apartment for
about 6 months and I have no
heater. I have been trying to get a
heater, even calling and filing a
complaint with the city. My landlady
never gets anything done, and I am
FREEZING in my apartment, and
consistantly getting sick. It is around
50 degrees sometimes in my
apartment in the morning. Could I
break my lease if they refuse to put
in a heater? Is there a way to get
them to put it in? Also, the building
inspector pointed out that by law the
bathroom must have some form of
ventilation. I have no vent, no heat,
and my window is sealed shut. Yet
another problem both the landlady
and the managers are aware of and
do not fix. Since there seems to be a
bit of a turn over in my building, it
seems that they try to get people to
move out so they can jack up the
cost of rent every new tenant they
recieve. How do I know that they
aren't doing this to me too?
2 Answers from Attorneys
Re: No heater, no ventilation
The landlord is violating the warranty of habitability which says that the landlord is required to provide you heat, ventiliation, etc. You have a claim against the landlord for not providing that. Please reply to my private email below if you want more information -- I cannot post a phone number in this answer. Thanks and good luck.
Re: No heater, no ventilation
I recommend that you review the information at the following website:
http://www.ocf.berkeley.edu/~asucrla/repairs1.shtml
As discussed, you have several options when a landlord does not provide for habitable premises, including right to withhold rent and "repair and deduct" options. You are also protected from what is "retaliatory eviction" if the landlord attempts to evict after the assertion of these rights.
When dealing with a non-responsive or potentially vindictive landlord, it is very important to document your complaints and confirmation of discussions. Letters sent via means with confirmed delivery (e.g. fax with fax confirmation; regular mail via certified return receipt) is preferred. That way, if things go sideways and the landlord attempts to evict or sue, you have documented evidence of your complaints and notices.
For self-help, you can go to the following website for additional information and links to legal aid if you're unable to afford an attorney.
http://www.courtinfo.ca.gov/selfhelp/other/landten.htm
http://www.lawhelpcalifornia.org/CA/StateChannelResults.cfm/County/%20/City/%20/demoMode/%3D%201/Language/1/State/CA/TextOnly/N/ZipCode/%20/LoggedIn/0/iSubTopicID/1/iProblemCodeID/1630100/sTopicImage/g-housing.gif/iTopicID/835/ichannelid/137/bAllState/0
Good luck.
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