Renting property in someones town house (Fremont, CA)

Renting property in someones town house (Fremont, CA)

Surveyor · Fremont, CA · Member since 2016 · 1 post · 0 votes

Hi


I am currently living in a extra room in a persons house. We do have a lease, I have attached it below:

http://imgur.com/a/AwqZI

The original ad said that electricity and utilities are included in the rent for 650$/month.

I have been here for 1.5 month, I have paid my rent on time, I have always done what the landlord has asked me to.

When I originally visited the house, I asked whether theres central heating or not, because it california the temperature at night can become very cold. They said they dont want to increase the temperature to above 55-60F. I told that thats fine, but I would have to use a space heater. They said if I did I would have to pay the extra amount divided by the number of people living in the house.

I didnt notice it, but in the lease they put in a clause that I cant use a room heater. It was my mistake that I thought it was a good faith agreement, but I should have been more careful.

I have told them multiple times to increase the temperature of the room(at night it goes to 55-60F, and I start getting tonsilitis and cold), and they have refused to do so. So I started using my space heater.

The reason I got this place was because they claimed that they are going to cover the utilities etc in the rent, but now they are claiming that I have the pay the 25$ difference in the utility bill each month. She says "you can‘t use heater when you rent room, you could try to ask other people."

I am thinking of a couple of options
1. just paying the amount (~20$/month) for using the space heater if I need to in any particular month
2. sending them legal documents (http://legaldocspro.net/blog/warranty-of-habitability-in-california/, http://www.hcd.ca.gov/codes/state-housing-law/hcc/hcc_ap2.pdf, )

3. moving out, and getting another place

Moving out is going to be a pain, so I am thinking of either 1 or 2.

I am not sure of the exact specifics, but what temperature does the landlord have to keep the room at in California?

Is it legal for the landlord to tell me that " you cold doesn‘t mean everybody cold. I won‘t warranty 60 degree to you", or in other words she wont turn on central heat and tell me I cant use the space heater either?

She also mentioned that since this is a private property a lot of the rules that apply to landlord-tenant doesnt apply here. Is that true?

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  • Attorney · Bay Area, CA · Member since 2016 · 164 posts · 135 votes
    10y

    First, your landlord is wrong about certain landlord/tenant rules not applying to you. If anything, residential tenants have more protection than commercial and you are a residential tenant. Don't let them fool you. 

    Second, since they wrote in the lease that you cannot have a space heater, you are not allowed to have one. Those heaters can drive up the cost of electric bills. 

    According to the Housing code you referenced, it appears that you have a case for warranty of habitability violation. The code states that the if the tenant doesnt have control over the heating then the heat should be maintained at 70 degrees. I agree that 55-60 degrees is too cold. 

    You just have to determine if it will be worth it - you have to live with these people and the process of claiming violation of habitability is rather contentious. Since the summer months are coming up, it might be better to just agree to pay for the heater for now and look for a new place to live, since you will likely have more issues in the future. 

    If matters get worse and you want to claim a violation of habitability, there are specific steps that you need to follow in order to have a valid claim. Be sure to look those up and follow them. Good luck and remember, tenants have a lot of rights in CA 

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