• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

NO HEAT!!! Landlord's Responsibility?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

lggirl

Guest
What is the name of your state? CA

My landlord refuses to do any preventative maintenance on his property. The duplex is really, really old. My primary issue right now is with the heater. On Thursday, the heater went out (it's a piece of junk held in place with a bunch of duct tape). I called my landlord and he said "call PG&E, they will relight the pilot". Ok, fine, I will do his job for him. I called PG&E and they can't come out for a week. I called my landlord back and he came out and looked at the heater and left me with this little 6"X6" space heater. I have a 6 year old child. It has been FREEZING in here for 4 days now. He made no effort to call a professional and instead called "a friend", who STILL hasn't come out. To make matters worse, the windows are old, single pane, unsafe and incredibly drafty.

Ok, to get to my question. Do I have to pay rent for the last 4 days that I have been without heat? Had I been able to afford a hotel, I would have gone to one, but instead stayed here huddled under blankets with my daughter. I am so irritated that he does nothing to check the safety/working conditions of the air conditioner, heater, windows, etc. We have termites so bad (he has known for 2 years) and may have to leave the house for 3-4 days to have it tented (sp ?). It's too expensive to move. I just want him to take care of the place. Without any financial impact (i.e. no rent for the 4 days), he will continue to do nothing. I would really like some advice on my rights.

Sign me,
FREEZING AND MAD
 


HomeGuru

Senior Member
lggirl said:
What is the name of your state? CA

My landlord refuses to do any preventative maintenance on his property. The duplex is really, really old. My primary issue right now is with the heater. On Thursday, the heater went out (it's a piece of junk held in place with a bunch of duct tape). I called my landlord and he said "call PG&E, they will relight the pilot". Ok, fine, I will do his job for him. I called PG&E and they can't come out for a week. I called my landlord back and he came out and looked at the heater and left me with this little 6"X6" space heater. I have a 6 year old child. It has been FREEZING in here for 4 days now. He made no effort to call a professional and instead called "a friend", who STILL hasn't come out. To make matters worse, the windows are old, single pane, unsafe and incredibly drafty.

Ok, to get to my question. Do I have to pay rent for the last 4 days that I have been without heat? Had I been able to afford a hotel, I would have gone to one, but instead stayed here huddled under blankets with my daughter. I am so irritated that he does nothing to check the safety/working conditions of the air conditioner, heater, windows, etc. We have termites so bad (he has known for 2 years) and may have to leave the house for 3-4 days to have it tented (sp ?). It's too expensive to move. I just want him to take care of the place. Without any financial impact (i.e. no rent for the 4 days), he will continue to do nothing. I would really like some advice on my rights.

Sign me,
FREEZING AND MAD
**A: you have internet access correct? Well read the L/T laws and follow it before real winter arrives.
 

FarmerJ

Senior Member
If your on a written lease you have the right to demand in writting to the LL to correct the problem . sending your letter with a certificate of mailing at the very least . other wise if your a month to month tenant consider giving proper notice and moving .
 
Although not specific to your questions, here is one piece of advice: make all requests for maintenance in writing via certified mail. Being able to show that you've made the requests and the landlord refused will help you.

I don't think you can withhold rent (I may be wrong). You may have to pay now and at some point in the future (given you 've made the appropriate requests by mail) take the issue to court.

Hopefully someone else here will be able to help you in more detail.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top