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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 18386
Experience:  B.A.; M.B.A.; J.D.
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I just received a certified letter from the tenant in my

Customer Question

Hello, I just received a certified letter from the tenant in my rental property, they have been in the property since 5/1/15. Since they moved in there have been a couple of issues that we responded to and resolved fairly quickly. They did have a small
leak from the valve in the downstairs bathroom that went undetected for 2 weeks while they were on vacation, it created a lot of moisture in the floor, we resolved the leak, replaced the valves on the other two toilets. We opened the wall to allow the moisture
to dry, waited a few days and then closed and repainted the bathroom wall. About 30 days ago, the A/C condensation valve and drain flooded one of the master closets, they called right away, we had then turn off the A/C, my brother who is a painting contractor
went in and investigated, we opened the ceiling, dried it out and repaired the closet. I agreed to and have offered to pay for the dry cleaning and replacement of one sweater which I emailed them on about on Monday to provide the receipts and deduct from the
rent. I have not heard a reply. The A/C unit which is also the heating unit I had someone come out and take a look at it to see if it can be repaired, after more than a week of back and forth since being told that it could not because of the age and it was
going to cost approximately $7,100. I told the tenant that I was going to get a second opinion, as well I had just purchased insurance for the condo that covers repairs however I had to wait the grace period before the policy was effective. I have offered
several options to the tenant with regards ***** ***** options, ie: purchasing 4 box fans for them to utilize in the interim, a portable cooling unit and they have not accepted any of those offers. Unfortunately it has been warm, it is summer time, so getting any
A/C company out for a repair as well as ordering a brand new unit and installation there is a several week wait as demand for their services are high at this time. The letter that I just received is demanding a refund of the rent paid from May to current of
$500 as they allege that I have been unwilling to make repairs in a reasonable time frame or at all as well as my lack of response to ongoing major issues with the rental. Mind you there have been no other major issues. This is my first rental... first tenant,
so I am not certain how to respond. Their rent is $2150 per month, certainly I could not have anticipated any of these events to occur and did respond timely to the other issues that arose and resolved. As I did state to them that I am certainly going to get
a second opinion on a large investment to replace the A/C unit of $7,100 expense is warranted. I did email them on Monday to arrange a second opinion visit from the A/C vendor but they have not replied. thank you for your input.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I have attached a copy of the letter.
Expert:  Phillips Esq. replied 1 year ago.

What is your specific question. I cannot give an opinion because it amounts to giving you legal advice, which is prohibited by terms of service. I provide general legal information based on specific questions asked.

Thank you for your cooperation,

Customer: replied 1 year ago.
Thank you, ***** ***** clarify.What is the law with regards ***** ***** habitability conditions with regards ***** ***** conditioning and how many days to I have to fix or repair it?
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

What state is the property in?

Customer: replied 1 year ago.
California
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information. Click here for the laws regarding implied warranty of habitability.

There is no specific law regarding air conditioning equipment and when to repair it. However and generally, if it is not an emergency situation such as flooding of the toilet or roof leaking, 30 days is considered reasonable time for the Landlord to make the needed repairs. Click here for more information.