Legal Question in Landlord & Tenant Law in California

The air conditioner broke at my apartment in California almost 2 months ago. I immediately put in a work order & let them know when it happened (during 112 degree heatwave). The maintenance man has been working on it on and off since, but couldn't fix it. I put in 4 more work orders since because it wasn't fixed. It's been over 90 degrees in apartment for periods of time over the last 2 months, with 2 adults & 4 kids feeling hot & sick for so long doesn't seem reasonable. We paid rent, paid money on eating out, cooling off & staying other places because it was not livable conditions. Finally after demanding change they called a professional and it was fixed by the next day. My issue is that had they taken those proper steps in beginning, we wouldn't have had to suffer unlivable circumstances for almost 2 months and extra expenses. Would this fall under "the implied warranty of habitability"? I would like to get compensated for rent and extra unnecessary expenses during that time. What is best way to do that? what are my rights? is it better to try to talk to corporate, and what is best to say or take to small claims?

Asked on 8/22/13, 1:46 pm

1 Answer from Attorneys

Robert Kubler The Kubler Law Firm

what are my rights? - you should have done the procedures to give notice to landlord and if not fixed, then hire someone to fix it and deduct the expense from the rent.

"the implied warranty of habitability"? Generally these things are about things that are clear building code violations... You still lived there and apparently dealt with it for a month or more. This is A/C, its not like sewage was spilling into your kitchen from a backed up pipe.

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Answered on 8/23/13, 12:19 am

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