Legal Question in Real Estate Law in California

The home that we are renting has a 25+ years swamp cooler that doesnt work. The coolest it gets is 95 degrees in the day. I have a 4 year old son who complains he cant breathe when its hot. What are our rights on wanting to move. Do we have to give a 30 day notice?


Asked on 7/23/10, 5:40 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Your willing to engage in a legal battle with your landlord, risk your health, and the health of your son rather than have the cooler repaired?

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Answered on 7/23/10, 8:47 pm

If you are on a month-to-month rental you have to give 30-days notice. If you are on a lease, you have to wait until the end of the lease. Unfortunately failure to provide heat is a habitability issue that if unrepaired will allow you to break a lease, but failure to provide cooling is not.

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Answered on 7/23/10, 8:54 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Swamp coolers are rrelatively simple devices and should last 25+ years even in Fresno. Unless you want to move for other reasons and have a month-to-month commitment, I'd suggest getting the thing repaired at your own expense (after obtaining an affordable quote, of course).

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Answered on 7/24/10, 9:46 am


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