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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36633
Experience:  Attorney over 16 years, landlord 26 years
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I paid 35k usd for one month vacation in a Hollywood hills.

Customer Question

I paid 35k usd for one month vacation in a Hollywood hills. The aircon does not work in the bedrooms. The owner don't fix it. What can I do? If possible we want to cancel rest of the contract or relocate
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  barristerinky replied 10 months ago.

Was the property represented as having working AC?

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What is the landlord's response to your request for repairs?

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thanks

Barrister

Customer: replied 10 months ago.
That it "soon" will be fixed; but nothing happens. I have high fever and not possible to sleep in the room. We rented from 3th August and one month forward
Expert:  barristerinky replied 10 months ago.

Ok, then I would opine that you would have the right to have repairs made on your own and then sue the landlord for the cost of the repairs. You could claim that the landlord was in breach of contract for failing to provide AC as agreed and then sue them for a reduction in the rent based on what a judge finds the property is worth without AC.

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But AC is not something that would make a property uninhabitable under CA law as it is more an amenity than a necessity.

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So if it were me, I would call a repairman and have them come out to see if it could be fixed fairly cheaply and if so, have it fixed and then sue the owner in small claims court under a breach of contract claim.

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thanks

Barrister

Customer: replied 10 months ago.
Having the repair on my own is not a possibility. I have a tight program here and can't take care of that on my vacation. It should also work.If. It possible to cancel/relocate, then the only option would be to try to sue the owner for a reduction afterwards and then have a horrible non-sleep vacation here in CA.......
Expert:  barristerinky replied 10 months ago.

I agree that is is a bad situation, but if you cancel and relocate, you will have to pay again for a new place and then hire an attorney for a few thousand or more to sue the landlord in court since the small claims limit is only $5,000. That could drag out for 6 months or longer before it got to court.

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You might want to have an attorney contact the landlord and threaten to sue him if he didn't immediately have it repaired. That might be enough to convince him to make repairs rather than possibly get sued in court and lose.

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thanks

Barrister

Customer: replied 10 months ago.
I agree. A lawyer call/sent him a letter and the agency in between would be a great idea. Can you suggest any?
Expert:  barristerinky replied 10 months ago.

Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice,cost and customer reviews.

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thanks

Barrister

Customer: replied 10 months ago.
Sure.One more question:What would you have done if you had paid 35k as a foreigner, can't fix the problem yourself and can't sleep in the villa due to the heat?
Expert:  barristerinky replied 10 months ago.

Called a local AC repairman and had him come fix it and then sue the landlord if I could fit it in my schedule or come back and sue him after my vacation.

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