Tenant Rights California: No Hot Water
Rental Property Investor · Temecula, CA · Member since 2016 · 151 posts · 63 votes
Hey guys,
Just moved into a new place in Orange County. My landlord had the gas disconnected. When I moved into the place, I called the gas company to have the service set up. They cannot set up gas for another 16 days. That means, no hot water, no kitchen, and no heater (I know it's Socal, but still, it's December), for another 16 days.
Is it legally right for me to pay rent on a rental in which I cannot live for another 17 days?
In my mind, the landlord should have kept the utilities on, and in his name, until the time I move in and have them transferred into my name to ensure this exact situation did not happen.
Thanks!
Jonathan
This thread has been quite the interesting read. I'm sorry for this tenants situation. As far as case law I don't know who is technically in the right/in the wrong, I am not a lawyer in the state of CA (or any state) although it does seem one has chimed in. I don't think your LL is a horrible person because the gas wasn't connected upon signing the lease. I do think he should have been aware of the situation and informed you and let you make an educated decision as to how to proceed prior to taking occupancy, but that is neither here nor there as this is now the situation you are in. He seemed responsive and helpful in trying to help you mitigate the situation (aside from the touch the meter comment). I don't think he is maliciously trying to cause you a hardship given the details you have provided. You seem quite adamant about bringing some sort of suit over 11 days of residing in the apartment without gas. If I were your landlord I would gladly let you break your lease and move out. Regardless of case law and who is right, speak to this person like another human being if you are hoping for any sort of compensation for you and your landlords oversight. If you were to send me an email/letter stating specific cases and citing specific legal documents I would simply forward them to my lawyer and ask that all correspondence about the issue be communicated with him going forward. If you were to call me and discuss your frustrations and suggest what would make you feel better about everything I would be much more likely to play ball. In general I don't want a tense relationship with my tenants, I'm here to help, but I appreciate the same mentality from my tenants. It seems as if you are determined to make it the contrary, to which I would chalk it up as a long year for both you and I.
@Michaela G. you invest in freaking Georgia. @Matt K. lives and invests in California. What the hell do you know about California investing? Go read the post from the attorney ^ up above. You could learn a thing or two. Go find someone else to pick on...
May I suggest another website that may better suit you? HGTV.com, maybe?
Your arrogance alone would make me want you out of my property, whether you are right or wrong. Telling people to go save their comments for YouTube, Reddit, HGTV, etc because you are a 'real estate investor with some Air BnB's'. At the end of the day, you're whining because you don't have a working stove and hot water. Come up to Michigan in the middle of winter and have your heat go out and then you can start complaining. You live in California dude! Southern California at that. I'm outside in a t shirt when it's 50 out.
You came here for people's opinions, and then disrespected them when they gave it to you because you didn't like it. Grow up, and change your name in settings so none of your future clients stumble upon this thread.
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.
@Matt K. If I rent a place for January 1st it is my responsibility to get the gas turned on. And I live and invest in cold weather where in Feb it is below 0 for the whole month.
And no it is not common place for landlords to to keep utilities on before move in
NO ONE DOES THAT HERE!!!!
How many units do you own in cold weather areas? And no 30-40 degrees is not cold.
Hi @Patrick Collins thanks so much for your comment. For the record, I never approached the LL with any legal jargon. We had a nice conversation about it. I wasn't going to get off on the wrong foot and we are off to a good start. Not sure if you read, but the problem was solved.
As for others such as @Shaun C., @Michaela G. and others on this thread, well I've never been one to stand idly by when I see a bully... So when I see them treating others with disrespect I will have something to say, every time. And I stand by my comment. You had no right to become personal with others on this forum.
This forum, Bigger Pockets, is to discover the in's and out's of the process of Real Estate, whether from the investor side, or from the Tenant side. I'm sure @Brandon Turner and Josh Dorkin would agree. There's never a time to tell someone to "grow a pair", or claim that anyone is "whining" and should "deal with it" when they pose a challenge to the community.
And nobody has even brought up the 'act of god' (the fires) , which supposedly is responsible for the delay and which would be a completely acceptable defense by the landlord.
Without that people have mentioned, it would be only a couple of days.
@Matt K. If I rent a place for January 1st it is my responsibility to get the gas turned on. And I live and invest in cold weather where in Feb it is below 0 for the whole month.
And no it is not common place for landlords to to keep utilities on before move in
NO ONE DOES THAT HERE!!!!
How many units do you own in cold weather areas? And no 30-40 degrees is not cold.
It's actually so common here they have a form for this exact situation. Shocking I know but take a look
https://www.socalgas.com/regulatory/tariffs/tm2/pd....
The issue is landlord leased apt same day with nothing on, the tenant literally called same day he signed lease to get them turned on.
The landlord should of either left them on and did a bill back or had lease signed prior (1wk at least ) to starting the lease. Or tell the tenant upfront hey it'll be couple days till the gas company can come out... Judging by the fact this thread was made I'm guessing he didn't do.
And for my 3 cold weather doors I left the utilities on in my name for the limited vacancy.
@Matt K. Ok we can agree on this. It may be common place in southern california to leave utilities on but not everywhere. But common place and responsibility are two different things.
In NY and in Illinois like Brie mentioned and in many other cold weather areas landlords do not leave utilities on and do not bear ANY responsibility for when or even if the tenant has them turned on at move in.
In my region a utility turn on can be scheduled well before signing a lease over the phone with the gas company. Not sure what signing a lease has anything to do with this unless they require a copy of the lease like the alarm company does.
@Matt K. Ok we can agree on this. It may be common place in southern california to leave utilities on but not everywhere. But common place and responsibility are two different things.
In NY and in Illinois like Brie mentioned and in many other cold weather areas landlords do not leave utilities on and do not bear ANY responsibility for when or even if the tenant has them turned on at move in.
In my region a utility turn on can be scheduled well before signing a lease over the phone with the gas company. Not sure what signing a lease has anything to do with this unless they require a copy of the lease like the alarm company does.
And I understand that, but we are literally talking about CA it's in the title. The issue is this landlord had him sign the lease the same day he moved it, so there's no way he could of made the appointment any sooner. I don't think it's reasonable to expect someone to schedule the utility company to come out to each place they've applied for....rather once the lease is signed then schedule it, which he did.
And nobody has even brought up the 'act of god' (the fires) , which supposedly is responsible for the delay and which would be a completely acceptable defense by the landlord.
Without that people have mentioned, it would be only a couple of days.
I mentioned this and I agree but again, shouldn't it be entirely reasonable that the lease is signed a couple days prior so the tenant can make the apt for the same day they move in?
I can't stress this enough, my only beef is that it's stupid for the landlord to sign a lease same day IF the utilities are off. If they were on, he could of done a bill back and no problem. Or he tells the tenant upfront they are off (which having this post made we assume he didn't) and the tenant can decide if the place is still a good fit for him.
What shouldn't come up is after the landlord gets the money the tenant finds out he can't get service for 16 days and has no recourse, that shows it likely wasn't discussed upfront. However that argument goes out the door if he still lives there because it's clear it's still a good value.
@Matt K. Ok I see what you are point out but how do you know it is the landlords fault lease was signed on move in day?
"The issue is this landlord had him sign the lease the same day he moved it, so there's no way he could of made the appointment any sooner."
First the date the lease was signed is irrelevant the real date that we need is when did the tenant get a phone call from the landlord saying hey your approved for the home? Thats the day when utilities should have been scheduled.
And if that phone call happened 30 mins before on move in day then it is still my fault as the tenant! Why am I finding a place to live last minute I start looking 60 days out before I move. This came down to planning on the tenants side.
What if I sign the lease and then I can't get a moving truck for 5 days because Uhaul is so busy and i didn't make arrangements. Do I also not pay rent for 5 days? At what point do I take ownership and say hey its my responsibility.
@Matt K. Ok I see what you are point out but how do you know it is the landlords fault lease was signed on move in day?
"The issue is this landlord had him sign the lease the same day he moved it, so there's no way he could of made the appointment any sooner."
First the date the lease was signed is irrelevant the real date that we need is when did the tenant get a phone call from the landlord saying hey your approved for the home? Thats the day when utilities should have been scheduled.
And if that phone call happened 30 mins before on move in day then it is still my fault as the tenant! Why am I finding a place to live last minute I start looking 60 days out before I move. This came down to planning on the tenants side.
What if I sign the lease and then I can't get a moving truck for 5 days because Uhaul is so busy and i didn't make arrangements. Do I also not pay rent for 5 days? At what point do I take ownership and say hey its my responsibility.
Uhaul is on you, you have no implied or reasonable expectation that the landlord will move you. You do however (IN CA) hav implied habitability and gas/hot water are mentioned in that. Maybe the tenant can give you the breakdown of when he found out when he called, I'm just operating off what has been posted.
And let's be honest, a phone call means nothing. I doubt you'd take my phone call of hey I have your security deposit as good enough, you'd want a cashiers check.
Disappointed that this discussion started to get a little personal.....no need to start attacking one another....its one thing to have a good solid discussion...its another to purposely make the other person feels stupid or their opinion worthless.....
Would the tenant win this in court in CA? Probably.....its CA.....
Move in the same day lease is signed....pretty common around here in my area of CA..... not because the landlords are trying to pull one over on the tenant..... its the tenants are eager to move in as soon as the lease is signed.
Pretty common in my area to get utilities turned on within 48 hours.....so again, no reasonable expectation to think it will take 16 days....so I would never worry about arranging it WAY in advance...this is a very unusual circumstance.....