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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31593
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We settled with our landlords and are moving out 3/15

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we settled with our landlords and are moving out 3/15 however we have had not heat and are freezing. what are our rights
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: El Segundo, California
JA: Has any paperwork been filed?
Customer: yes - I was in personal law suite being sued by landlord son-in-law. I subsequently received notice to quit. I did not move and was served UD papers. We went to court and they said if I moved out he would drop the case. The agreement was made 12/15
JA: Anything else you want the lawyer to know before I connect you?
Customer: not sure - that pretty much covers it. I was forced out, agreed to go in order so have bogus lawsuit dropped and have had no response to my request for repairs since. I have continued to pay rent on time

Hi - my name is ***** ***** I'll be glad to assist.

Are the utilities (heat) included in the rental agreement, or are the utilities your separate obligation?

Customer: replied 4 months ago.
This is not a utility issue. We pay for our electric only water, gas and heat are provided by the owner

I was asking this to determine whether or not the utilities are or are not provided as part of the rent.

Customer: replied 4 months ago.
We pay electric and they provide water and gas. There is supposed to be heat in the unit and it is not working. I have asked for it to be fixed and they have not provided resolution to my request. Our state, city requires owners to provide heat

Ok. Thanks.

If the landlord is supposed to provide heat, and if this is not happening, you could file suit in small claims court against the landlord for breach of contract and breach of the local ordinances and laws for failing to provide heat, which is generally considered an essential need.

Hopefully, the landlord will rectify this issue with you raising the issue about withholding heat/utilities.

Customer: replied 4 months ago.
Thanks

No problem and good luck with this. If you need anything further, please let me know.

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