Legal Question in Landlord & Tenant Law in California

My current roommates never mentioned when I moved in, that they didn't have central air. I have 2 kids and its 90 degrees in my room. I said I would bit a small room ac. And deduct it off ky rent. They said now cause they are short on money. What are my rights?? Can I go legal? Or buy one and bill them? Also we have a roach problem.


Asked on 7/17/10, 9:45 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Did you ask if the property had central air conditioning, or did they represent to you that it did? It is not necessarily "pressumed" that a property has air conditioning, so it is not really required of the average landlord that they disclose the fact that there is no air conditioning. The fact that you unilaterally told the roommates that you were going to buy an air conditioner and deduct if from your rent does not give you the right to do so. In fact, in a residential tenancy, you may only deduct from your rent repairs that are necessary to make the property habitable. Air Conditioning (except, perhaps in Death Valley) does not 'legally' make a property inhabitable, especially where you did not ask if there was air conditioning in the first place. The right to "repair and deduct" is very limited, and requires that certain written notices be given before spending the money. You can give it a try, but I don't know that you are going to find the Courts very receptive to your cause. The obligation to investigate the suitability of a residential property for your use (does it have sufficient cooling for you) is up to you before you move in, not after. As for the roaches, I have seen this go both ways. Sometimes it is a problem that the landlord controls, and more often, it is a problem that the tenants have created. In either case, it is really important that you get that under control first and foremost with two children living in the home. Call a pest control company to determine why they are there, and how to exterminate them.

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Answered on 7/19/10, 1:59 pm


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