Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
Was any mention of the AC problems made prior to the lease being signed?
During any inspection prior to renting, was the AC functioning properly?
Has he sent the landlord any written demands for repairs to be made?
Ok, the thing about CA is that CA law doesn't make AC a mandatory habitability requirement and it is considered an amenity.
But if it was represented as having functioning AC and it doesn't work properly, then that is a breach on the part of the landlord. Son rented a dwelling with good AC and he is not getting what he paid for.
So his recourse here is to notify the landlord in writing demanding repairs within 7 days or he will terminate the lease, move out, and sue the landlord for breach of contract, misrepresentation, fraud and for any moving expenses.
As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...
You are very welcome. Happy to help any time.
Have a great day!