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  1. #1
    Join Date
    May 2008
    Location
    Los Angeles, CA
    Posts
    97

    Default Insufficient Heat

    My question involves landlord-tenant law in the State of: California

    Tried to evict a tenant she cited insufficient heat and repairs needed from a 7 day old roof leak. Judge took middle ground, reduced her rent, and asked us to fix her "insufficient heat" and water damage.

    I'm wondering what is insufficient heat? What are the specs? I'm cold right now.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Insufficient Heat

    What is it, 68 degrees or 72 .. somewhere around there to maintain the living spaces ... I'm cold tells me nothing...

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Insufficient Heat

    As a landlord you need to do yourself the favor of knowing the law. There's a pretty good summary available here - I recommend reading it, cover to cover.

    To start with, consider getting credit checks on all prospective tenants including past histories of eviction. There are some tenants who have been through the process enough times that they know more about eviction law than most lawyers. I have seen them drag out eviction cases for months, while the landlord collects no rent, sometimes topped with the ultimate kicker - you win and just as you're about to get them out they file for bankruptcy protection and get even more free time in the apartment while you either spend money trying to lift the automatic stay or wait for it to expire.

    In terms of heat, the first question is whether or not there's a problem with the heating in the rental unit. It needs to be in proper working order. Beyond that, specific minimum temperatures for rental housing can be set by ordinance. For example, San Francisco's Housing Code requires a permanent heating source (not a space heater) that maintains a temperature of 68 degrees between 5 am and 11 am and between 3 pm and 10 pm.

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