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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I currently live in Vallejo California. I live in a one

Customer Question

Hello my name is***** currently live in Vallejo California. I live in a one bedroom apartment. I do not have the ability to control the heat from my apartment. It is on the a timer that the landlord set. My building is old and it is steam heated. Starting January 1st Orlando I would like to increase our rent by $50 for utilities. He does not say specifically what before. However I want see what my rights would be? Hello this is Lord about 3 years and in the process have had a child. To adequately heat the house to a newborn's temperature I have to boil water daily. Please let me know what I can do in my situation
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Heat is a "habitability" issue, and you can hold your landlord responsible for maintaining heat to a reasonable standard (if you must "boil water daily" your landlord is not maintaining heat to a "reasonable standard").

Here is an easy to follow step by step guide: http://homeguides.sfgate.com/heating-season-tenant-rights-8086.html

And here is a link to the California Attorney General's Handbook on Landlord Tenant Affairs related to these issues: http://www.dca.ca.gov/publications/landlordbook/problems.shtml

You can also contact the Solano County Public Health to report this condition: http://www.solanocounty.com/depts/ph/default.asp

Customer: replied 1 year ago.
They say that if they heat the apartment on a timer a couple hours a day that should be sufficient to maintain heat for habitability. What do you think about this?
Expert:  CalAttorney2 replied 1 year ago.

The timer is irrelevant. What is relevant is what the temperature in the unit is.

If you can show that the actual temperature in your unit is falling below a reasonable level, they are failing to maintain a safe and "habitable" condition and you can sue the landlord for this.

While the CA statute does not provide us with a specific temperature for habitability, if you can show that the temp is unreasonably low, you will have a cause of action. (Again, "we have a timer" is irrelevant, the actual temperature in the unit is the relevant issue).

Customer: replied 1 year ago.
Thank you
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill