All Forum Posts by: Jonathan Safa

@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...

Joel, you are the man! Thanks so much for all the tips... you've really helped me along. Blessings!! 

@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? 

@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. 

@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. 

@Matthew Paul wouldn't he still be able to bill utilities forward to tenant (in the hypothetical that he keeps utilities and tenant refuses to switch into his name)?  In my opinion, to avoid issues or any service disruption and to ensure habitability, they should have left utilities in landlords name. Otherwise, we get the situation I am in. 

@Matt B. haha that would be nice. In the meantime, do you have any ideas as to how to address this matter? Back to topic...? 

@Ned J. this is exactly my thought process and approach. I had a conversation with him, asked him for solutions, and the one solution he came up with was an illegal one. He did call to the gas company as well... But nevertheless, I am still in this situation, paying for rent on a place I cannot live. 

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? 

@Nolan M. I was thinking the same thing... but I signed the lease the day of move-in. The 15-day period was unavoidable until after I "moved-in." If I had signed the lease in the weeks prior, that would've been no problem, ya.