How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33369
Experience:  Retired (mostly)
Type Your Family Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Socrateaser: Regarding the retaliatory landlord and not fixing

Resolved Question:

Socrateaser: Regarding the retaliatory landlord and not fixing problems around the property.

Landlord is playing games and wont fix a TV cable problem, and now the Jacuzzi heater went out. Actually he had the pool guy disconnect the heater. (is this even legal???)

- Is there a legal requirement to fix these type of things within x days/hours?
Landlord is ignoring emails, voice mails and text messages requesting fixes.
What's statute?

Thanks,
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Landlord is playing games and wont fix a TV cable problem, and now the Jacuzzi heater went out. Actually he had the pool guy disconnect the heater. (is this even legal???)

A: Civil Code 1942.5 provides several potential penalties for a landlord retaliatory conduct. If you provide notice of a condition which renders the property untenantable, and the landlord fails to repair in a reasonable time period, then you are entitled to exercise your rights, which includes the right to sue the landlord for up to $2,000 in civil damages, even without actual damages, repair and deduct from the next month's rent, and prevent the landlord from suing for unlawful detainer for 180 days.

The problem here is that a cable TV problem and a spa heater issue are not exactly health and safety issues that would make the property "untenantable." The spa issue, maybe, since it's probably gas powered and that suggests the possibility of a leak and/or explosion, etc. That's how I would probably argue the issue.

So, you probably have a claim, but you need to carefully document it, so that if you end up in court, you will be able to prove your case (e.g., notice of the defective conditions and request for repairs, etc., via certified mail, return receipt requested -- or personal delivery by a third party adult who can testify to having provided notice to the landlord).

Is there a legal requirement to fix these type of things within x days/hours?

A: Reasonable notice is 30 days. Conditions which create a danger to health and safety change the calculus, but not based upon any statute. Obviously, if you complain that your front door lock is broken, immediate action is necessary, or you can have a contractor come out and repair/replace the lock. And, if you smell gas, then that's an emergency affective the general public, which means a phone call to the landlord and to the gas company simultaneously is probably sufficient notice.

Landlord is ignoring emails, voice mails and text messages requesting fixes.
What's statute?

A: Answered above.

Best wishes.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 33369
Experience: Retired (mostly)
socrateaser and 11 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney