Tenant Rights California: No Hot Water
Rental Property Investor · Temecula, CA · Member since 2016 · 151 posts · 63 votes
Tenant Rights California: No Hot Water
Most Popular Reply
@Jonathan Safa - I'm not an attorney, but from your post I don't believe the plumbing and gas facilities don't work - they work, the account just hasn't started yet and that's not your landlord's fault.
115 Replies
- Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes8y
Originally posted by @Matt K.:
Originally posted by @Brie Schmidt:
We are landlords, the job description does not include holding hands or wiping butts.
What you are not understanding IS THERE IS NOTHING TO FIX. This is not a repair, it works perfectly fine. The lease says tenant is responsible for utilities.
If I go buy a car, and take it off the lot without insurance (which is my responsibility) and I get hit on the way home, does the dealership give me a refund? NO.
The dealer won't let you leave with out proof of insurance. If it's working fine does it produce hot water, yes or no?
And if you can't get insurance for 16 days you can't buy the car. How do you get to work? Uber / bus / have a friend drive you. Either way it is YOUR responsibility and at YOUR cost.
It does not produce hot water because the tenant did not turn on service. Just like if the tenant does not pay his bill he also won't have hot water
If a lightbulb goes out and the tenant does not replace it, that is not on the landlord
Second City Real Estate4.821 Reviews - Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes8y
Originally posted by @Matt K.:
@Ned J. this takes the guesswork out of it, it's clearly defined. Again, why it doesn't work (gas company) isn't the issue, it's the fact that it doesn't work. Again, the landlord (due to the fault of the gas company) did not provide a habitable unit.
Conditions that make a rental unit legally uninhabitable
There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings. "136 In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.137
A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.138
A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:139
- Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
- Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
- Gas facilities in good working order.
- Heating facilities in good working order.
Following this logic, if the gas got disconnected due to tenant not paying their bill, the landlord would be responsible. Or if the utility company had a gas leak and had to shut off gas to the building, the landlord would be liable. The landlord is only responsible for keeping the facilities in good working order. Everything at the meter and beyond is utility company owned and it is not part of the building or facilities.
Of course, if the lease states the landlord is responsible for providing a certain utility, then they would be responsible if they shut off the gas. Even if the tenant failed to pay their rent, turning off utilities could be considered constructive eviction.
Of course I need to concede I am not in California and I know the rules of logic often don't apply in that litigious climate.
Let's clear this up, no where am I saying he's entitled to free rent or deserves free rent. The ONLY thing he's entitled to (by signing a lease) is a habitable place. Habitable as per clearly defined laid out LOCAL landlord handbook/ CA code. Lastly, yes the gas company is the reason the unit isn't habitable but it is the landlords responsibility to provide a habitable unit once the new lease starts.
Again, if he wants to continue to live there and in the absence of the gas service then he's demonstrating that the unit IS habitable and while he can ask for whatever he wants (and may get something) he's not entitled to it per CA law/code for something that isn't habitable. But that's him making an exception to a established guideline.Originally posted by @Joe Splitrock:
Originally posted by @Matt K.:
@Ned J. this takes the guesswork out of it, it's clearly defined. Again, why it doesn't work (gas company) isn't the issue, it's the fact that it doesn't work. Again, the landlord (due to the fault of the gas company) did not provide a habitable unit.
Conditions that make a rental unit legally uninhabitable
There are many kinds of defects that could make a rental unit unlivable. The implied warranty of habitability requires landlords to maintain their rental units in a condition fit for the "occupation of human beings. "136 In addition, the rental unit must "substantially comply" with building and housing code standards that materially affect tenants' health and safety.137
A rental unit may be considered uninhabitable (unlivable) if it contains a lead hazard that endangers the occupants or the public, or is a substandard building because, for example, a structural hazard, inadequate sanitation, or a nuisance endangers the health, life, safety, property, or welfare of the occupants or the public.138
A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following:139
- Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
- Plumbing facilities in good working order, including hot and cold running water, connected to a sewage disposal system.
- Gas facilities in good working order.
- Heating facilities in good working order.
Following this logic, if the gas got disconnected due to tenant not paying their bill, the landlord would be responsible. Or if the utility company had a gas leak and had to shut off gas to the building, the landlord would be liable. The landlord is only responsible for keeping the facilities in good working order. Everything at the meter and beyond is utility company owned and it is not part of the building or facilities.
Of course, if the lease states the landlord is responsible for providing a certain utility, then they would be responsible if they shut off the gas. Even if the tenant failed to pay their rent, turning off utilities could be considered constructive eviction.
Of course I need to concede I am not in California and I know the rules of logic often don't apply in that litigious climate.
Tenant Responsibility below: If they didn't pay then I think we can both conclude the tenant failed to operate it properly. Likewise, as mentioned him messing w/ the meter (as directed by landlord) would also fall under this.
- a) Keep the premises "as clean and sanitary as the condition of the premises permits."
- b) Use and operate gas, electrical and plumbing fixtures properly. (Examples of improper use include overloading electrical outlets, flushing large, foreign objects down the toilet, and allowing any gas, electrical or plumbing fixture to become filthy.)
- c) Dispose of trash and garbage in a clean and sanitary manner.
- d) Not destroy, damage, or deface the premises, or allow anyone else to do so.
- e) Not remove any part of the structure, dwelling unit, facilities, equipment or appurtenances, or allow anyone else to do so.
- f) Use the premises as a place to live, and use the rooms for their proper purposes. For example, the bedroom must be used as a bedroom and not as a kitchen.
- g) Notify the landlord when deadbolt locks and window locks or security devices do not operate properly.
If the tenant does not perform these duties and causes the property to become uninhabitable, the tenant cannot require the landlord to repair the property to make it habitable.
Originally posted by @Brie Schmidt:
Originally posted by @Matt K.:
Originally posted by @Brie Schmidt:
We are landlords, the job description does not include holding hands or wiping butts.
What you are not understanding IS THERE IS NOTHING TO FIX. This is not a repair, it works perfectly fine. The lease says tenant is responsible for utilities.
If I go buy a car, and take it off the lot without insurance (which is my responsibility) and I get hit on the way home, does the dealership give me a refund? NO.
The dealer won't let you leave with out proof of insurance. If it's working fine does it produce hot water, yes or no?
And if you can't get insurance for 16 days you can't buy the car. How do you get to work? Uber / bus / have a friend drive you. Either way it is YOUR responsibility and at YOUR cost. I can buy the car, I can't drive the car home however, to remedy that you could drive it home for me with your insurance. But I'm not a car dealer so I don't know the laws regarding that.
It does not produce hot water because the tenant did not turn on service. Just like if the tenant does not pay his bill he also won't have hot water Tenant is UNABLE to turn on service due to disconnect by landlord. The tenant didn't disconnect the service previously did he?
If a lightbulb goes out and the tenant does not replace it, that is not on the landlord. I don't see a light-bulb being defined as something effecting habitability so correct, not on the landlord to replace.
- Rental Property Investor · Temecula, CA · Member since 2016 · 151 posts · 63 votes8y
@Ned J. you create a great point. Did they do everything WITHIN their ability? Well, they did have the ability to make sure gas was connected to their name, prepared for transfer. So, according to your statement, no. They did not, in fact, do everything within their ability.
@Brie Schmidt let's follow your insurance example, even though it is a faulty example. You are not allowed, by law, to drive the car off the lot until you are insured. But the car dealership *is not required* to ensure your insurability (at least to my understanding). They can sell you a car even if you don't have a license. However, a landlord, unlike the car dealership, CANNOT rent an uninhabitable unit to you without properly functioning necessities. One of which being access to hot running water.
@Joe Splitrock I like your disclaimer there at the end. In my opinion, you are correct. However, two things prevail: 1. the landlord did not do everything he could to ensure a properly functioning unit (what if the gas company said it would take 5 weeks to get gas there? see where this goes?) and 2. the state of California is a very tenant-friendly state, and would likely fall in my favor.
@Matt K. again, thank you.
I think at this point, I need a specific case to reference in California law. Because I am sure I am not the first to be in this situation.
To all: the mere fact that there is a California Public Utilities Commission, that has a service dedicated to protecting tenants from abuse from public service companies implies that there is the right for a tenant to running water, to electricity, to gas utilities. What if this was running water we were discussing? What if the water company could not turn on service for 30 days...? Would we be having this discussion - not at all. I think we are all too accustomed to the fact that sometimes we wait a day or two for utilities to be turned on, that it isn't even worth the battle.
If we were discussing utilities turned on in 30 days, 45 days, even 60 days, I think not a single one of you would be in the favor of the landlord.
- Attorney · Orange County, CA · Member since 2017 · 242 posts · 99 votes8y
@Jonathan Safa, I'm a real estate attorney in Orange County, so welcome to Orange County! There is some decent information above, particularly the quotes from the California Department of Consumer Affairs and the text of certain Civil Code sections. Although I cannot comment on your specific situation, I will give you some further general guidance.
Generally, your options for repairs are repair and deduct, abandonment, or rent withholding. Note that rent withholding is only available for serious defects that violate the implied warranty of habitability and threaten your health or safety. You can get more info here: http://www.dca.ca.gov/publications/landlordbook/re....
Also, check the terms of your lease. Did the landlord warrant or represent that the gas in the unit was on? Working? In good working order?
I'm assuming that your gas utility provider is So Cal Gas. I've never heard of them taking so long to turn on the gas. Did you inform them that you are living in the unit and have no heat or hot water?
I hope that you're able to fix this soon. It hasn't really been cold enough for a heater yet, but I wouldn't want a cold shower.
- Duarte, CA · Member since 2015 · 65 posts · 54 votes8y
There may be a way around the 16 days. They respond same day for a gas leak.. is your gas “leaking”? Lol
Originally posted by @Peter Sinclair:
There may be a way around the 16 days. They respond same day for a gas leak.. is your gas “leaking”? Lol
I called my gas company the other day for something and one of the first questions they asked me was if was a safety/health issue. They said if it was it would be escalated and handled differently, since it wasn't I had to wait like 2 weeks for an appointment.
- Rental Property Investor · Temecula, CA · Member since 2016 · 151 posts · 63 votes8y
@Bryan Zuetel so happy to hear from actual legal representation! Thank you for the welcome.
According to the article you just referenced, a Green v Superior Court case, the following was cause for rent withholding:
- Lack of any heat in four of the apartment's rooms.
Nothing was stated in the lease at commencement regarding status of utilities, just that I, tenant, would pay for them. This was the lease template: http://www.562rent.com/downloads/AOA_Lease.pdf
SoCal Gas is the provider, yes. They are citing the wildfires as a cause of delay. I did inform them, yes. I also informed the California Public Utilities Commission 5 times, to no avail as you can imagine.
Thank you for the kind words, again.
- Rental Property Investor · Temecula, CA · Member since 2016 · 151 posts · 63 votes8y
@Matt K. @Peter Sinclair is this the answer!? Holy crap. I didn't think of that. I could "smell" gas in my unit.. and it isn't even on... ummmmm the ANSWER I'VE BEEN WAITING FOR?
- Rental Property Investor · Michigan City, IN · Member since 2015 · 530 posts · 741 votes8y
Originally posted by @Jonathan Safa:
Hello everyone, I have an update:
@Joel Florek thank you for the kind words, and for the great attitude you have towards being a landlord. I have talked to several supervisors, to no avail. They keep citing the "winter" and the crazy wildfires we've been having in southern California... although, in my opinion, this begins to fall into a Health and Safety concern and they should be willing to foot the bill.
I will definitely be searching more for a legal case to back me. This will be crucial, you are right.
I had a conversation with my landlord, he came by the property (without informing me first), and actually proposed that I tamper with the gas meter and turn it on myself. His words were, "it's better to ask for forgiveness, than for permission." He also then said be thankful we're not in LA, where they are dealing with wildfires. WHAT. Hahah oh man.
Tampering with the meter is a criminal offense, including trespassing... needless to say, I will not be heeding the advice of my landlord.
This is turning quite shady, especially with the advice to tamper with the meter.
I will keep you informed as I continue my search.
@Shaun C. now I know I'm not in Michigan, but habitability is not in question. It does get into the 40s in my city, but I shouldn't even have to defend that. I have no kitchen, no hot water, no heater. Your comment has no logical consistency. Your comment is probably better left on some other forum... may I suggest Youtube comments, or Reddit?
I would not touch the meter! You could always check with the city inspection department or a local HVAC guy to see if they have any recommendations to expedite this. Sometimes they have contacts with the utility people and can move the process along. Regardless you shouldnt have to pay for any services to get things turned on.
Really sucks... no other way about it. Let me know if I can be of any help somehow. Stay strong my friend!
- Rental Property Investor · Temecula, CA · Member since 2016 · 151 posts · 63 votes8y
Originally posted by @Joel Florek:
Originally posted by @Jonathan Safa:
Hello everyone, I have an update:
@Joel Florek thank you for the kind words, and for the great attitude you have towards being a landlord. I have talked to several supervisors, to no avail. They keep citing the "winter" and the crazy wildfires we've been having in southern California... although, in my opinion, this begins to fall into a Health and Safety concern and they should be willing to foot the bill.
I will definitely be searching more for a legal case to back me. This will be crucial, you are right.
I had a conversation with my landlord, he came by the property (without informing me first), and actually proposed that I tamper with the gas meter and turn it on myself. His words were, "it's better to ask for forgiveness, than for permission." He also then said be thankful we're not in LA, where they are dealing with wildfires. WHAT. Hahah oh man.
Tampering with the meter is a criminal offense, including trespassing... needless to say, I will not be heeding the advice of my landlord.
This is turning quite shady, especially with the advice to tamper with the meter.
I will keep you informed as I continue my search.
@Shaun C. now I know I'm not in Michigan, but habitability is not in question. It does get into the 40s in my city, but I shouldn't even have to defend that. I have no kitchen, no hot water, no heater. Your comment has no logical consistency. Your comment is probably better left on some other forum... may I suggest Youtube comments, or Reddit?
I would not touch the meter! You could always check with the city inspection department or a local HVAC guy to see if they have any recommendations to expedite this. Sometimes they have contacts with the utility people and can move the process along. Regardless you shouldnt have to pay for any services to get things turned on.
Really sucks... no other way about it. Let me know if I can be of any help somehow. Stay strong my friend!
Joel, you are the man! Thanks so much for all the tips... you've really helped me along. Blessings!!
- Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes8y
Originally posted by @Jonathan Safa:
@Ned J. you create a great point. Did they do everything WITHIN their ability? Well, they did have the ability to make sure gas was connected to their name, prepared for transfer. So, according to your statement, no. They did not, in fact, do everything within their ability.
@Brie Schmidt let's follow your insurance example, even though it is a faulty example. You are not allowed, by law, to drive the car off the lot until you are insured. But the car dealership *is not required* to ensure your insurability (at least to my understanding). They can sell you a car even if you don't have a license. However, a landlord, unlike the car dealership, CANNOT rent an uninhabitable unit to you without properly functioning necessities. One of which being access to hot running water.
@Joe Splitrock I like your disclaimer there at the end. In my opinion, you are correct. However, two things prevail: 1. the landlord did not do everything he could to ensure a properly functioning unit (what if the gas company said it would take 5 weeks to get gas there? see where this goes?) and 2. the state of California is a very tenant-friendly state, and would likely fall in my favor.
@Matt K. again, thank you.
I think at this point, I need a specific case to reference in California law. Because I am sure I am not the first to be in this situation.
To all: the mere fact that there is a California Public Utilities Commission, that has a service dedicated to protecting tenants from abuse from public service companies implies that there is the right for a tenant to running water, to electricity, to gas utilities. What if this was running water we were discussing? What if the water company could not turn on service for 30 days...? Would we be having this discussion - not at all. I think we are all too accustomed to the fact that sometimes we wait a day or two for utilities to be turned on, that it isn't even worth the battle.
If we were discussing utilities turned on in 30 days, 45 days, even 60 days, I think not a single one of you would be in the favor of the landlord.
The unit has properly functioning necessities. Everything works fine. You have access to hot water. The fact that the utility company cannot turn it on is not denying you access
Get a hotel and move in on the 16th. Problem solved.
If you move in you are due rent.
If you had called the utility company before you moved in you would have known they couldn't come for 16 days. That was then your decision to live without during that time
Second City Real Estate4.821 Reviews - Rental Property Investor · Temecula, CA · Member since 2016 · 151 posts · 63 votes8y
@Brie Schmidt do you agree that the landlord did not do everything in his ability to ensure my immediate access to hot water? This is what the argument comes down to. The law, in Califrornia, does not give regard to perspective. The only thing it considers is whether or not I have done everything in my power to have access to a habitable residence, which I have. You are looking at it from the LL perspective: the LL has done everything in his power to ensure habitability. You are not looking at it from the Tenant perspective: the tenant has done everything in his power to ensure habitability, and yet it is still uninhabitable, according to the very clear definition as provided above ^.
What am I missing here?
In a perfect world, utilities are a right to the public. If the public does not have access to that right, then liability falls on the PUBLIC utility company, and neither the LL nor the Tenant should be disadvantaged. But why am I being disadvantaged, and why is the LL being disadvantaged? No, if the law guarantees habitability, there is no question that the unit is not, according to the definition of the law, habitable. Now it comes to the question of who is the responsible party...
@Brie Schmidt while I agree w/ you that if he stays he can't argue the unit is uninhabitable and he owes rent you can't fault him for not turning it on prior. It's been mentioned multiple times the lease/move in were same day.
- Earth · Member since 2017 · 297 posts · 187 votes8y@Johnathan Safa, Did you pay any hotel expense during the 16 days? If yes, this may go back to your rental insurance, your rental insurance “should” cover it. Any insurance adjuster here on BP can help us to answer this renter insurance question please? Thank you P.S. my lease said Tenants are required to purchase Tenant renter insurance and tenants cannot hold liability to landlords in any form. If anything happens, the tenants should “go to” their own renter Insurance.
I think a lot has gotten lost here....
Is it lawful for a landlord to rent a unit that is un-habitable, no.
Does no gas, heat, hot water make a unit un-habitable, yes.
If you continue living there you've now demonstrated the unit is habitable.
The remedy for no gas/heat/hot water would be leaving to find a unit that does have this, not deducting rent or with holding rent.- Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes8y
@Jonathan Safa - He did everything in his ability. Everything in the house works.
The tenant did not do everything in his ability. He did not ensure utilities were turned on and billed to him on the date of move in, as per his lease agreement
If the utility company could not turn them on in time for the tenant to move in, then don't move in.
The landlord should provide a monthly prorated date on when you actually move in and occupy the property.
If you CHOOSE to move in without utilities that is YOUR decision. You knew it did not have utilities. If you did not know that means you moved in before calling the utility company and turning it on, again that is YOUR responsibility.
Like I said, this happened to me in 2009, I moved into a apartment February 1 in Chicago, it was 20 degrees outside. I scheduled the heat to be turned on Jan 27 and the landlord did not show up to provide access, so they left. It was my responsibility to turn on service and make sure they could have access to turn it on. I slept wrapped in blankets and showered at a friends house for a week.
Trust me, Chicago is the most tenant friendly city in the country. I tired the whole health/safety thing with the gas company and they said "should have made sure you gave us access to turn it on" Utilities were MY responsibility and I was responsible for providing access in advance.
Second City Real Estate4.821 Reviews - Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes8y
Originally posted by @Matt K.:
@Brie Schmidt while I agree w/ you that if he stays he can't argue the unit is uninhabitable and he owes rent you can't fault him for not turning it on prior. It's been mentioned multiple times the lease/move in were same day.
I understand it was the same day. I don't know any utility service that can turn it on the same day. He saw the unit right? It didn't have power. He shouldn't have moved his stuff in knowing it had no utilities and then expected someone else to fix his problem.
We create our own problems and our own solutions.
Second City Real Estate4.821 Reviews - Rental Property Investor · Temecula, CA · Member since 2016 · 151 posts · 63 votes8y
Originally posted by@Brie Schmidt:
@Jonathan Safa - He did everything in his ability. Everything in the house works.
The tenant did not do everything in his ability. He did not ensure utilities were turned on and billed to him on the date of move in, as per his lease agreement
If the utility company could not turn them on in time for the tenant to move in, then don't move in.
The landlord should provide a monthly prorated date on when you actually move in and occupy the property.
If you CHOOSE to move in without utilities that is YOUR decision. You knew it did not have utilities. If you did not know that means you moved in before calling the utility company and turning it on, again that is YOUR responsibility.
Like I said, this happened to me in 2009, I moved into a apartment February 1 in Chicago, it was 20 degrees outside. I scheduled the heat to be turned on Jan 27 and the landlord did not show up to provide access, so they left. It was my responsibility to turn on service and make sure they could have access to turn it on. I slept wrapped in blankets and showered at a friends house for a week.
Trust me, Chicago is the most tenant friendly city in the country. I tired the whole health/safety thing with the gas company and they said "should have made sure you gave us access to turn it on" Utilities were MY responsibility and I was responsible for providing access in advance.
@Brie Schmidt I can't tell you how wrong you are. You state, "as per his lease agreement." You mean the one I didn't see/sign until move-in day? Secondly, your Chicago reference is nothing more than an anecdotal example. Thankfully, heresay.
Lastly, I just spoke with the Executive Office at Socal Gas. There are measures in place for the landlord to keep gas to ensure this does not happen. According to this office, this is a liability of the landlord given that he had the option to ensure I had access to utilities to ensure working order of utilities. The fact that on move-in day we cannot check the working order of utilities implies that there is a shortcoming on the part of the LL.
- Real Estate Broker · Chicago, IL · Member since 2013 · 6k+ posts · 5k+ votes8y
@Jonathan Safa - Again, that is on you. You waited till the last minute. Did the ad say landlord paid utilities? If not then you knew from the moment you contacted him that you are responsible for utilities, even if you didn't see the lease yet.
Second City Real Estate4.821 Reviews - Rental Property Investor · Temecula, CA · Member since 2016 · 151 posts · 63 votes8y
To @all,
My 5 calls, 5 emails, and form submissions at the California Public Utilities Commission actually worked.
They contacted me, and were able to get a call through to the Executive Office of SoCal Gas. They were able to expedite my service order to this Monday, praise the Lord!
According to this call, SoCal Gas has measures for the LL to ensure that this does not happen. The LL chose to shut off gas service completely to the house to save a few bucks, and as a result, left me in this situation. They made a great argument: the fact that the LL shut off services means you (tenant) were not able to accurately check the condition of appliances and furnaces. For all I know, the water heater could be broken and I agreed to a lease without being able to check the function of appliances in the home according to my lease agreement.
In the end: I learned my lesson (to have transition well in advance), I will have gas within the next 5 days, I know my LL a little better (watch out for that guy), and lastly, I have a bit of leverage if something comes up in the future. I'm more than happy with the result.
Thank you all for your input!
@Jonathan Safa....I'm going to have to disagree with your opinion that the landlord didn't do everything within his ability to provide a habitable unit for you. Was he supposed to call the day you signed the lease to check and see when it could be turned on for you? That's your responsibility....not his....its YOUR responsibility to get the utilities in your name. The utility is prepared and available to transfer to your name the exact day or before you sign the lease....the gas company just cant come and turn it on for you for a long time.... he has NO ABILITY to change that. You could have easily called the day before to get things transferred the next day and would have found out about the delay BEFORE you signed the lease....you didn't....
The case law you are referring too....didn't read it but I bet its more about a tenant occupied unit where the HVAC died etc and the landlord didn't do his due diligence to fix it in a timely manner so there was no heat etc..... totally different scenario...
You signed the lease...apparently didn't check anything in the house.....you moved in....you discovered the issue when? and you are planning on staying in the unit but you want it for free?
@Matt K....I get your argument....but don't understand the logic past that....if you feel the unit is uninhabitable, then why do you have the opinion that he should still have to pay some reduced rent for those days? If its truly uninhabitable shouldn't he be free of having to pay any rent for it then?
Its going to come down to the judge.....if you want to take it that far with your brand new landlord...... if you found the issue and said "I cant stay here" and moved back out, then you might very well be absolved of rent the landlord may try and hold you responsible for...or if the landlord tried to impose penalty for breaking the lease etc.....if you are staying there, but will only agree to pay rent once the utility gets their act together, your case gets way weaker...
Even if you WIN this....you lose....have fun with the new relationship with your new landlord....
- Attorney · Orange County, CA · Member since 2017 · 242 posts · 99 votes8y
As a California real estate attorney and investor, to everyone on here posting about the landlord-tenant laws of other states or opining on California laws: like it or not, agree or disagree, this is California, a super tenant friendly state. The tenant is almost always right. There seems to be a lot of wishful thinking about what the California tenant laws should be rather than what the California tenant laws actually are. Sorry, that's California for you. Enjoy the weather!
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