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  1. #11
    Join Date
    Jan 2006
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    38,867

    Default Re: Ok i give up on trying to get heat fixed please read and help me

    This strongly relates to your other thread. In that one you mentioned a relative intending on continuing to stay in the house. If you argue your right to terminate the lease due to habitability issues, how is the landlord going to be able to enter into a new lease with the party intending on living there?

  2. #12
    Join Date
    Dec 2015
    Posts
    16

    Default Re: Ok i give up on trying to get heat fixed please read and help me

    EVERYONE is ready to move out of this place they were going to trade places to finish lease but now they are tired of being cold and worried the elderly guy will get sick .. so we went to cut ties they go can their ways and is ours .. it says if an emergency situation such as heat not being provided after owner had chance to fix then you can walkout .. if it is a non emergency you must give owner 30 days but if in an EMERGANCY situation time can be shorter .. how much time is enough time to walk out ?? it has been 17 cold days and only response is I am allowed to put in a woodburner if I wanted to they didn't want to for the liability but this is not an answer

  3. #13
    Join Date
    Jan 2006
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    38,867

    Default Re: Ok i give up on trying to get heat fixed please read and help me

    be warned; even when you have a legal right to terminate the tenancy, it does not mean the landlord won't sue you. You would have a defense to the suit but none the less, you would have to deal with it.
    (a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:
    (1) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
    (2) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order.
    (3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law.
    (4) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order.
    (5) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order.
    (6) Building, grounds, and ap
    just to be clear; have you given the landlord a notice, in writing, of the issue?

    If so, how long ago?

    1942. (a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, of dilapidations rendering the premises untenantable which the landlord ought to repair, the landlord neglects to do so, the tenant may repair the same himself where the cost of such repairs does not require an expenditure more than one month's rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant may vacate the premises, in which case the tenant shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant more than twice in any 12-month period.
    so it is a reasonable time. I have not researched it but a bit of common sense would likely play into the determination of what is reasonable and it is likely the colder it gets, the shorter period of time would be required to be considered reasonable.

    and out of curiosity, what is the temp outside, the temp in the main living area that is heated and what are the temps in the rooms without heat

  4. #14
    Join Date
    Dec 2015
    Posts
    16

    Default Re: Ok i give up on trying to get heat fixed please read and help me

    temps outside down in the teens at nite 16 last nite days 30's and fortys we are up in elevation at 3500 feet so its lot colder than in the valley
    house temp living room 50-60 but the heat is kicking on and staying on unless you turn it down to 50 I already have 500 bills in utitlities one bedroom stays just above outside temp 40 degrees in the day we even close the door in the day to try and heat the rest of the house .. I should not be having this battle in the middle of winter . almost been a month and havnt even looked at it . also the laws states that a normal inspection should have been done to ensure it can provide the basics heat hot water things like that .. as far as writing I have it on texts messages she wrote me on the 11th says yes she was told about the duct work when she picked up the rent on the 3rd so that is her acknowledging we don't have proper heating and the utitlities are going crazy .. this should stand as proof . I heard it might have to be verified real to use in court be it is a back and forth conversation going on for months so wouldn't this serve as written notice ?

  5. #15
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ok i give up on trying to get heat fixed please read and help me

    sit down, write a letter, put it in an envelope and send it to her. If it were me, I would send one certified and one regular first class mail.

    that is what is called; written notice.

    You can hand deliver it as well. If you do less it may come back to haunt you. Unless California has changed, texts are not considered valid service of notice.,

    In the letter I would provide the temp readings you have provided here. I would state that if the issue is not addressed immediately you intend on vacating the home under the provisions of california civil code 1942(a). If she does not respond extremely quickly and establish a schedule to repair the issue or find some way to provide heat, I would start planning on moving.

    and we are not in the middle of winter. Winter doesn't start for a few days. I don't know what your area is like but our coldest part of the winter is typically the second and third weeks of January.

  6. #16
    Join Date
    Dec 2015
    Posts
    16

    Default Re: Ok i give up on trying to get heat fixed please read and help me

    either way if things back fire .she can sue for remaining time on lease it is in wifes name no property no money in the bank nothing in her name but the way I understand it she can not rent it out and sue for the same time correct ? this house would rent out fast enough if they ever fix the heat so would it end up being the rent for the time unrented ? after 7 years it falls off ur credit correct?

  7. #17
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Ok i give up on trying to get heat fixed please read and help me

    California is a community property state. That means community debt as well. You are far from safe.

    if she rents it (for the same amount) she cannot collect from you any longer.

    If she sues and obtains a judgement it remains on your credit report for 10 years.

    If she sued you, your defense is; it was uninhabitable due to the lack of a proper heating system. You provided notice of the defect. Her response was [whatever happens after notice is given].

  8. #18
    Join Date
    Dec 2015
    Posts
    16

    Default Re: Ok i give up on trying to get heat fixed please read and help me

    would it not count as notice giving when she came to the house and we told her about the heat and I have witnesses as well . I mean this and the text messages with her saying she was told on the 3rd count as notice givin?

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