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Rental Home Isn't Properly Heated

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  • 12-19-2015, 06:54 PM
    bluegrass1
    Rental Home Isn't Properly Heated
    My question involves landlord-tenant law in the State of: California

    I am renting a house told the landlord there was no heat going to 2 of the 3 bedrooms on the 3 rd of this month on 11th said they would come by look into it .. the 18th they call saying I could put in a woodburner or if we are low income we can signup for free weatherization for the house . we don't want to spend money on a woodburner plus now its winter time cant just go out and get season wood .. the waiting list for the free weather help was long the lady said .. landlord said if that didn't work just let her know .I texted back today 19th that we didn't want to mess with a woodburner and didn't get help with the weather program ..we already have a 500 utilities bill and its going to be xmas in a few days in a house that you cant stay warm in ... .. At what point can you just say I am done and move out ? we have a elderly father having to stay with family because its too cold in the house . please help ..
  • 12-19-2015, 07:11 PM
    DaveM
    Re: Ok i give up on trying to get heat fixed please read and help me
    Sorry but I find this confusing. You say the a couple of bedrooms are cold in your rented home. That suggests that the furnace works. So why isn't any heat getting to these rooms? Or is heat getting to these rooms but they are drafty or badly insulated.
    Anyway, this is covered by the Health and Safety codes, 17920.3 (6). Notify the local health dept. They'll probably send someone over to check out your problem.
  • 12-19-2015, 07:21 PM
    llworking
    Re: Ok i give up on trying to get heat fixed please read and help me
    Quote:

    Quoting DaveM
    View Post
    Sorry but I find this confusing. You say the a couple of bedrooms are cold in your rented home. That suggests that the furnace works. So why isn't any heat getting to these rooms? Or is heat getting to these rooms but they are drafty or badly insulated.
    Anyway, this is covered by the Health and Safety codes, 17920.3 (6). Notify the local health dept. They'll probably send someone over to check out your problem.

    While I agree with this advice, a space heater in each of the bedrooms that are experiencing the problem would be a far less costly way to resolve the problem in the meantime.

    Also, you are in California. How cold does it actually get in your part of California?
  • 12-19-2015, 07:34 PM
    bluegrass1
    Re: Ok i give up on trying to get heat fixed please read and help me
    it gets 17 degrees at night 30's in the day . snow on the ground
    the duct work is completely ripped off and trashed even the wire is pulled out of the duct work no saving it ..
    so it IS my obligation to survive on whatever means nessary instead of landlord having to provide heat to his 1000 month house ??
  • 12-19-2015, 07:38 PM
    llworking
    Re: Ok i give up on trying to get heat fixed please read and help me
    Quote:

    Quoting bluegrass1
    View Post
    it gets 17 degrees at night 30's in the day . snow on the ground
    the duct work is completely ripped off and trashed even the wire is pulled out of the duct work no saving it ..
    so it IS my obligation to survive on whatever means nessary instead of landlord having to provide heat to his 1000 month house ??

    I am not saying that you should not pursue the landlord. You absolutely should get the housing inspection people involved. I am simply saying that in the meantime, there is a more cost effective way of dealing with problem...and for your own sake, you should opt for that.
  • 12-19-2015, 07:44 PM
    bluegrass1
    Re: Ok i give up on trying to get heat fixed please read and help me
    Constructive Eviction was what I was asking about
  • 12-19-2015, 08:05 PM
    Mr. Knowitall
    Re: Ok i give up on trying to get heat fixed please read and help me
    Quote:

    Quoting bluegrass1
    View Post
    I am renting a house told the landlord there was no heat going to 2 of the 3 bedrooms...

    How long have you been renting the home?
    Quote:

    Quoting bluegrass1
    View Post
    the duct work is completely ripped off and trashed even the wire is pulled out of the duct work no saving it .

    When and how did that happen?

    A landlord is legally required to provide heat to bedrooms, and failure to do so can violate the warranty of habitability, Civil Code, Sec. 1941.1(4), but if you or your guests caused the damage you can be charged for the repair. Specific requirements can vary by locality, pursuant to local ordinance.
  • 12-19-2015, 08:34 PM
    bluegrass1
    Re: Ok i give up on trying to get heat fixed please read and help me
    100% it was trashed before we moved in . even landlord said they paid last ones living there to fix the heat ducts ..
    it was rented out with no heat . sure maybe they didn't know then but from dec 3 till 19th and still no heat and this should be considered a emergency since it has been so cold .

    - - - Updated - - -

    started renting in aug
  • 12-20-2015, 03:18 AM
    llworking
    Re: Ok i give up on trying to get heat fixed please read and help me
    Quote:

    Quoting bluegrass1
    View Post
    Constructive Eviction was what I was asking about

    On what basis? Nothing here indicates constructive eviction. Does the landlord have some reason for wanting you out?
  • 12-20-2015, 09:33 AM
    bluegrass1
    Re: Ok i give up on trying to get heat fixed please read and help me
    Not providing heat no Landlord wants us to stay in a unheated house all the heat is blowing under the house . it is warmer under there then in the house . it even stated in lease that we would maintain a 50 degree or higher and this will cost a fortune seein that there is no heat in 2/3 of the house .
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