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barristerinky
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..

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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.

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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.

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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