Right to withhold or lessen rent?

[CAGuy25]

I live in CA, and my manager did the great favor of getting me a new oven. My old oven was falling apart, couldn't see the #'s on the dials, worked intermittently, and the bottom portion was falling off all the time, due to rusted tracks.

So, he put in the new one, and now it's been over 2 weeks and it hasn't been hooked up. Apparently he's been waiting for a part, a part that any normal person can pick up at home depot, but he has yet to do.

While I appreciate the new oven, I'm frustrated because I feel that part of my rent is the fact that I would have a working kitchen including an oven, and since this is not the case, would I be justified to withhold a portion of my rent?

Please no one post anything about how I could withhold a portion of rent, but that the manager might retaliate by not doing anything else. That's against the law and against my rental agreement, so even if something like that did happen, I'd complain...so...

 

[FarmerJ]

Hello again CA ok you can keep it simple Just send your LL a letter That you need to have this stove hooked up imediately and now that 2 weeks have passed this is no longer acceptable . and make sure to make copy and send it registered so it must be signed for and keep copy for self . If you get the recpt card in mail and the LL hasnt taken care of it call your city housing inspections unit . Btw Is this stove gas or all electric ?

 

[CAGuy25]

Gas. The piece that is missing is a double sided threaded piece that attaches the gas line to the back of the stove.

Hello again CA ok you can keep it simple Just send your LL a letter That you need to have this stove hooked up imediately and now that 2 weeks have passed this is no longer acceptable . and make sure to make copy and send it registered so it must be signed for and keep copy for self . If you get the recpt card in mail and the LL hasnt taken care of it call your city housing inspections unit . Btw Is this stove gas or all electric ?

 

[FoolOnTheHill]

California also has a repair and deduct statute meaning that if the LL doesn't remedy the situation in a reasonable amount of time, (30 days is a time frame used in the statute) then you can have the stove repaired yourself and deduct it from your rent. But, the repair cannot exceed 1 months rent. And of course, make sure you keep the receipt.

1942. (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period. (b) For the purposes of this section, if a tenant acts to repair and deduct after the 30th day following notice, he is presumed to have acted after a reasonable time. The presumption established by this subdivision is a rebuttable presumption affecting the burden of producing evidence and shall not be construed to prevent a tenant from repairing and deducting after a shorter notice if all the circumstances require shorter notice.

This is merely my interpretation. Please contact the appropriate persons for legal advice.

 

[FarmerJ]

CA the line there in the rental unit is that one of those ribbed silver or grey flex lines ??? If so it is odd ball flare fitting that is needed to connect the line . your LL making you wait this long over a damn part that will cost about the same as a bottle of soda is really stupid when you write the letter consider telling him/her 72 hours to get it hooked up or your going to call your city housing inspections unit .