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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37105
Experience:  16 years real estate, Realtor. Landlord 26 years
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I went 5 full days without hot water in my apartment. When

Customer Question

I went 5 full days without hot water in my apartment. When I attempted to contact my landlord the first day without hot water I found out the phone number provided in my lease was disconnected. The address provided in the lease is a P.O. Box so there was no way for me to send an overnight letter to the landlord. On day 3 I finally contacted the city and they provided me with a physical address for the landlord by which I was finally able to locate a working number for him. The hot water was then restored 2 days later. Do I have a legal right to deduct a portion of my rent due to having no hot water for 5 full days and due to the fact that my landlord disconnected his phone and did not provide his tenants with up to date contact information.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Yes, the lack of hot water would legally make the property uninhabitable under the law entitling you to a full deduction of your rent for those 5 day you were without hot water. This is under CA Civil Code 1941.1 which states:.1941.1. (a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:.(3) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law...thanksBarrister
Customer: replied 2 years ago.
Is there any law in regards ***** ***** landlord not providing up to date contact information in order for his tenants to contact him to make this type of repair?
Expert:  Barrister replied 2 years ago.
Yes, under CA Civil Code 1962 it states:.1962. (a) Any owner of a dwelling structure specified in Section 1961 or a party signing a rental agreement or lease on behalf of the owner shall do all of the following: (1) Disclose therein the name, telephone number, and usual street address at which personal service may be effected of each person who is: (A) Authorized to manage the premises. (B) An owner of the premises or a person who is authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for all notices and demands. (2) Disclose therein the name, telephone number, and address of the person or entity to whom rent payments shall be made...thanksBarrister
Customer: replied 2 years ago.
In your opinion do I have the right to make a further deduction in the rent due to the above also being violated?
Expert:  Barrister replied 2 years ago.
Probably not as there is no specified penalty in the statute for noncompliance and it would be too difficult for a judge to arbitrarily impose a financial penalty if something like this got to court...thanksBarrister

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