Legal Question in Landlord & Tenant Law in California

Does our landlord have to return our rent, deposit and pay moving fees if the condition of the apartment has been deemed uninhabitable? Last Monday we rented an apartment on the condition that hot water would be installed on the 9th. On the seventh we began moving things in and on the ninth, the hot water was not turned on. We were then told it was a gas meter that needed to be installed, and that it may take another day. Needless to say, today is the thirteenth, we still don't have hot water, and upon calling the gas company, we found out that there's not even lines connected to the unit or permits to have gas installed. We told him we'd have to get a hotel room to get showers, and he brought us a hot plate and told us to heat up water and take a 'hoe bath' if we were that dirty. We expressed distaste with that idea and asked if we could end the lease, rather than be without hot water. He told us that if we left, he'd keep our deposit and sue us for breaking the lease. I've lived here one week, no water, no heat, and no washer/dryer, and I just want to leave, but I put every spare penny I had into moving trucks, help, rent, deposit and utilities...what can I do?

Asked on 11/13/15, 4:07 pm

1 Answer from Attorneys

Brian Rosales Harris, Rosales & harris

Move out when you can and then sue him for breach of the implied warranty of habitability. There may be other claims you can assert but he has clearly breached the implied warranty of habitability.

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Answered on 11/13/15, 4:14 pm

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