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barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38167
Experience:  Attorney over 16 years, landlord 26 years
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The heat went out in my rented California apartment. I have

Customer Question

The heat went out in my rented California apartment. I have children and the temperature dropped to 52 degrees last night. Its been 3 days and the owner sent out 2 repair companies. He wants one more estimate. Can I get a refund for the days I am without heat?
JA: We have a 30 day refund policy so you can simply email***@******.*** and they will try to fix your problem or refund your money.
Customer: A refund of my rent for days without heat?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: As I said, its an apartment in California!
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Its a month to month lease,and just states: to make a written request to landlord concerning repairs
JA: Anything else you want the lawyer to know before I connect you?
Customer: With no heat it is a health issue, uninhabital
Submitted: 9 months ago.
Category: Landlord-Tenant
Customer: replied 9 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Marc Esq USA replied 9 months ago.

Hello. My name is Marc. I'm a licensed attorney, experienced in landlord tenant law, and I will be happy to assist you.

I certainly can appreciate your eagerness here, as another cold night is looming. I see you've requested a phone call, so I will now send an offer for the service. Once you accept, we'll be connected. Stand by.

Expert:  barristerinky replied 9 months ago.

Hello, different expert here..


If there is no heat in the dwelling, then it is deemed uninhabitable and the landlord would have to either put you up in a hotel at his expense until repairs are made, or if you have alternate housing, give you a credit against your rent for any days that the heat was not functional.


So yes, the landlord is in breach of the contract here and you are entitled to compensation for the days you don't have use of the dwelling if he isn't paying for a hotel for you and your family.


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