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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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My son is in a lease for an apartment close to his college,

Customer Question

My son is in a lease for an apartment close to his college, which we are helping him financially. The apartment does not cool to anything less than 83 F degrees even with the central air on. We have made several phone calls and had two meetings with the management office. The only action they did was send their maintenance guy out and he said that that the way it is, close unused vents in other rooms to cool the room you're in. We demanded for someone to inspect the unit, which they examined the unit outside the apartment and said it's fine. We are unhappy with the temp in the apartment and are wishing to break the lease if they are not going to fix the problem. Need some advise please.Richard V
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 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.

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Was any mention of the AC problems made prior to the lease being signed?

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During any inspection prior to renting, was the AC functioning properly?

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Has he sent the landlord any written demands for repairs to be made?

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thanks

Barrister

Customer: replied 3 months ago.
No mention of AC problems.
The AC turned on, but couldn't measure how it would cool the apartment during the hot summer days.
Nothing written, just a couple of office visits and three phone calls by his mother.
Expert:  Barrister replied 3 months ago.

Ok, the thing about CA is that CA law doesn't make AC a mandatory habitability requirement and it is considered an amenity.

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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.

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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.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 3 months ago.
Thank you!
Expert:  Barrister replied 3 months ago.

You are very welcome. Happy to help any time.

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Have a great day!

Barrister

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