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My landlord is claiming poverty and will not provide us with…

Customer Question
My landlord is claiming...

My landlord is claiming poverty and will not provide us with any heat for our house

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Ca

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

I believe the lease provides for repairs but isn't there a health and safety issue?

Submitted: 5 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
11/10/2017
Lawyer: Loren, Lawyer replied 5 months ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 37,291
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

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Lawyer: Loren, Lawyer replied 5 months ago

I am sorry to hear of your trouble with the landlord, but I have information which will be useful to you.

Every tenancy carries with it the implied warranty of habitability and the right to quiet enjoyment of the premises in exchange for the rent.

If the landlord is refusing to make necessary repairs and it is interfering with the use and habitability of the leased premises then you can sue for breach. In the course of the suit you may be able to leverage an early termination with the return of all deposits.

A riskier way is to move out now and declare the lease terminated due to "constructive eviction". In other words, the action or inaction of the landlord has made the premises unhabitable and you are forced to move out.

You still have to sue and the risk is that the court finds the premises WAS habitable and you end up being liable for breach. In your case, however, I think the court would agree with you that the landlord not providing necessary utilities is something to render the premises unhabitable, creating a constructive eviction forcing you to vacate.

Make sure you have a written record of the damages and your request for repairs.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Landlord-Tenant Question
Customer reply replied 5 months ago
The heat in the house we live in no longer has heating systems that work/ The landlord says he can't afford to fix it
Lawyer: Loren, Lawyer replied 5 months ago

You can sue for breach or move out and declare a constructive eviction.

The landlord can not refuse to provide heat or fix the HVAC.

You can also have the HVAC repaired and sue the landlord for the cost.

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Lawyer: Loren, Lawyer replied 5 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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Loren
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Category: Landlord-Tenant
Satisfied Customers: 37,291
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Experience: Attorney with 30 years of experience representing landlords and tenants.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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