Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

My landlord hasnt fixed my heating since January 7th when…

Customer Question
Hi there, my landlord...

Hi there, my landlord hasnt fixed my heating since January 7th when the gas company shut it off for a gas leak and cracked firebox, since it is a house from the 1920's they have been dragging their feet. I got the code enforcement division to serve them today. How should I go about getting out of this lease and can they retaliate because I got the code enforcement involved?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

I have sent multiple complaints and they got a two day notice to solve this issue, I have been really cold since January and havent been compensated at all Ultimately the landlord doesnt maintain this old property and I want out

Lawyer's Assistant: Where is the house located?

Customer:***** Los Angeles, 90048

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That my heat was shut off Jan 7th

Submitted: 2 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 minute by:
3/28/2018
Lawyer: legalgems, attorney replied 2 months ago
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,311
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
When can I expect a response? I ultimately want to hire a real estate lawyer to break my
lease and get my deposit back
Lawyer: legalgems, attorney replied 2 months ago

CA strictly enforces the warranty of habitability which does include heat; please see:

This is required -one moment please - I'm providing more information in just a moment; the downloads took a bit and I'm still waiting on the statute.

Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 2 months ago

Civil Code 1941.1 specifically requires that a unit be heated in order to be habitable; please see:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1941.1.

That is discussed here:

http://www.dca.ca.gov/publications/landlordbook/problems.shtml#footnote139

This was established in case law Green v. Superior Court;

If the tenant provides written notice to the landlord and the landlord fails to rectify the situation within a reasonable time the tenant may determine there is a "constructive eviction" and terminate the lease. However it is imperative to have adequate documentation since the landlord may attempt to claim the tenant breached the lease by leaving early and suing for damages (ie lost rent).

So evidence is key.

This explains the tenant's options:
pay for repairs and deduct

constructive eviction

rent withholding

http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 months ago
I just got an aggressive call because I filed with the code enforcement
Customer reply replied 2 months ago
Since I didnt have heat for 3 months doesnt that break my lease
Lawyer: legalgems, attorney replied 2 months ago

Generally since the landlord must rectify the situation in a reasonable time, the court typically determines 7 to 10 days as excessive. It does depend on the particular judge.

Retaliatory eviction is not permitted if a tenant complains of an uninhabitable unit:

http://www.dca.ca.gov/publications/landlordbook/retalitory-actions.shtml

Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 2 months ago

The landlord, breaking the lease by not providing a habitable unit, may be deemed as "constructively evicting" tenant- that is addressed above and the tenant may vacate and sue for damages (ie moving costs, increase in rent etc). Evidence is key for a successful outcome.

Ask Your Own Landlord-Tenant Question
Lawyer: legalgems, attorney replied 2 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask legalgems Your Own Question
legalgems
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,311
13,311 Satisfied Customers
Experience: Just Answer consultant at Self employed

legalgems is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I am in the process of moving out of my current rental unit.
I am in the process of moving out of my current rental unit. What are my rights regarding landlord access to show the unit to potential renters. I'd prefer not not allow access due to possible theft a… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,424 satisfied customers
If an elderly man or woman has written documentation from a
If an elderly man or woman has written documentation from a doctor that allows said person to keep a pet despite the landlord having the right to say who can or can't have a pet would that elderly per… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My niece and I are renting an apt and my friends needs a
My niece and I are renting an apt and my friends needs a place to live they denied him because of his credit and mine was just as bad my niece and I have lived here 6 months and paid a high deposit wh… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,424 satisfied customers
A friend who is an attorney, helped me in a lawsuit with my
A friend who is an attorney, helped me in a lawsuit with my landlord who was allowing another tenant to harass me. I had no money to hire anyone, and my friend offered. The problem with the landlord s… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,837 satisfied customers
My landlord wants to come and replace the old smoke
second opinion] My landlord wants to come and replace the old smoke detectors tomorrow. I don't want him in my home. He has already stated that he is filing for eviction. So what's the point? I feel t… read more
Christopher B, Esq
Christopher B, Esq
Attorney
Juris Doctor
1,424 satisfied customers
We bought a home before our lease was out. The landlord
we bought a home before our lease was out. The landlord refuses to give the security deposit back and even with held our last months rent from the beginning of the lease even though we paid for the la… read more
legalgems
legalgems
attorney
13,311 satisfied customers
I need some help/advice. I have been renting in the same
I need some help/advice. I have been renting in the same place for almost 15 years. I have never had a problem with anything here nor have I ever done anything negative to the property. Also the prope… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
In Jan 2018 ,I accepted a deposit of 1,000$ for Jan Feb Mar
In Jan 2018 ,I accepted a deposit of 1,000$ for Jan Feb Mar of 2019, and just recently changed my position on renting it out, since I Will be moving into my own home. I notified in writing and returne… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,162 satisfied customers
We are currently renting a home that suffered extensive
We are currently renting a home that suffered extensive water damage from a toilet that broke and overflowed upstairs damaging that entire bathroom, half of the master bedroom and the entire downstair… read more
Lori
Lori
Juris Doctor
1,553 satisfied customers
California sacramento. 2 parts: 1. Currently being evicted
1. Currently being evicted from my current apt for not paying in a timely manor... I never got a 3 day notice... I completed the necessary paperwork/ response to the courts in the alotted time...… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,021 satisfied customers
Our building was sold a year ago come to the church today
Our building was sold a year ago come to the church today thr locks was change with out notice … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I've been renting a room from a guy for four months who said
I've been renting a room from a guy for four months who said he was paying the landlord only to find out he wasn't and he's been in the apartment rent free for two years. When the landlord found out i… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I need a lawyer to stop an eviction process and my mother
I need a lawyer to stop an eviction process and my mother missed the court date on June 5th … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I was just given my 30 day notice to vacate along with 3
Hi I'm Lee, Hi, I'm Lee. I was just given my 30 day notice to vacate along with 3 volations against the HOA Rules for the condo. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I had a domestic issue with my sibling, I asked to have
Hi, I had a domestic issue with my sibling, I asked to have myself remove from the lease with proof of a domestic incident report. The Management Company is giving me a hard time with vacating the lea… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,371 satisfied customers
I discovered bedbugs in my apt a month ago. and i cant seem
I discovered bedbugs in my apt a month ago. and i cant seem to get rid of them, i informed my land lord about it. it was exterminated. but the bugs just keep on coming. i want to sue. what is the next… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,040 satisfied customers
I was seekinging to rent a home via Zillow. I called the
I was seekinging to rent a home via Zillow. I called the owner o a property located at 3372 Market Walk, in Clarkston, GA. She then directed me to fill out the application via Zillow. I filled out the… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My landlord wants to come and replace the old smoke
My landlord wants to come and replace the old smoke detectors tomorrow. I don't want him in my home. He has already stated that he is filing for eviction… read more
Jessica B
Jessica B
Juris Doctor
1,261 satisfied customers

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x