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California Civil Codes 1941 - 1942

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  • 12-08-2010, 09:30 AM
    capitalstreet
    California Civil Codes 1941 - 1942
    My question involves landlord-tenant law in the State of: California

    I am wondering if I have grounds to move out under this Civil code for the following reasons:

    A) complaint about Heater not working properly Nov 15. It is now December 8 and it has not been fixed. Heater is emitting gas and their repair man verified that it should not be used.

    - that being said, there are two heaters in the house. However, the house doesn't get above 67 degrees with one running.

    B) Mold in the bathroom. This mold is peeling walls and slowly going up the cabinet.
    - I ran into the previous tenant yesterday and he mentioned he tried to make a mold complaint and the landlord refused to acknowledge the problem. He verified that he had to throw out all his furniture and that he had repairs done, but they didn't prevent the mold leaks. I sent an email (per my lease for compalints) with pictures attached of the damage and they didn't acknowledge the problem.


    In reference to the heater, do I have a right to end my lease as the landlord did send a repairman out. The repairman acknowledged they could not fix the problem before thanksgiving. I'm freezing!
  • 12-09-2010, 06:37 PM
    Mr. Knowitall
    Re: California Civil Codes 1941 - 1942
    Read this. As you apparently already know, your landlord is required to provide "Heating facilities that conformed with applicable law at the
    time of installation, maintained in good working order." The issue here appears to be that the premises can be maintained at an acceptable temperature with only one heater, which could mean that the heating facilities conform "with applicable law" as it existed at the time of installation despite the fact that only one heater presently works.

    The landlord has, apparently, tried to make a repair. The repairman came out before Thanksgiving but couldn't complete the repair because of what? The repairman has not been back to complete the repair since Thanksgiving because of what?

    Mold can be unpleasant, but unless you have evidence that the mold is toxic it alone is unlikely to provide you with any basis for breaking your lease.
  • 12-10-2010, 09:07 AM
    davidmcbeth3
    Re: California Civil Codes 1941 - 1942
    IMO the existence of a second heater is proof that it is needed .. mold issue is a scam issue , toxic mold is very very rare . Sending a repairman is not relevant ... do you have good enough heat is the question. If you think not, write the LL a letter stating so and demand it be repaired within 3 days and if not, you will vacate the building & go into a hotel & charge him back the $$$ until he fixes the heat.
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