My question involves landlord-tenant law in the State of: California
I signed a lease option in 7 months ago. When it got cold in December, we discovered the heater was not working. This is the agreement we signed regarding Maintenance and Repairs.
1.Maintenance and Repairs. Tenant/Buyer shall, at their sole expense, keep and maintain the Premises in good and sanitary condition and state of repair. Tenant/Buyer shall make all necessary repairs to walls, carpeting , ceilings, floors, woodwork, paint, plastering, plumbing, pipes and fixtures in or upon the Premises whenever damage results from the wear & tear, accidents, neglect, abuse or misuse of Tenant/Buyer, Tenant/Buyer’s family, agents, visitors or tenants. Tenant/Buyer shall further replace any damaged light fixtures, appliances, glass , mirrors and fixtures with material the same size and quality when the same are lost or broken by Tenant/Buyer or any other person. Tenant/Buyer shall also cause adequate extermination or other pest control services to be performed during the term of the Lease at their expense. Tenant/Buyer is not authorized to re-model the structures without written consent of landlord/seller. Tenant/Buyer shall affect repairs compliant with current building & planning codes while ascertaining permits when required. On expiration or termination of the lease term and if the option to purchase is not exercised, Tenant/Buyer shall return the Premises to Landlord/Seller in as good condition and state of repair as when originally leased. There shall be no allowance to Tenant/Buyer and no liability on the part of Landlord/Seller by reason of inconvenience or annoyance arising from the making of any repairs, alterations, additions or improvements to the Premises.
The landlord currently has a legal suit with the previous tennants/buyer who defaulted due to the exact same issues we're experiencing with the house. The previous tennant moved out 4 months prior to us moving in. When questioned about the previous tennant, he never mentioned the default nor that they were on a lease option.
The landlord refuses to replace the 20year old heater and we have evidence that the heater was not working prior to moving in making the house inhabitable.
Are we entited to Tennants Rights? Is this a breach of contract? We have small children and the winter conditions is really bad in our area. We want to make the best decision for our family.
Thanks for your help!