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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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I rent a house in California, I have no heat, and it is

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I rent a house in California, I have no heat, and it is impossible to plug electric heater because the electricity is poor
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Has any paperwork been filed?
Customer: I sent a mail in march, but nothing has been done
JA: Anything else you want the lawyer to know before I connect you?
Customer: My lease end in November, but I want to leave now

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

I am sorry to hear this;

has notice been given to the landlord re: lack of heat?

legalgems and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 3 months ago.
I called several times, I sent a certified mail in march

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

Civil Code 1941 codifies the above, please see:

http://www.dca.ca.gov/publications/legal_guides/lt-8.shtml

for constructive eviction concepts please see:

http://www.courts.ca.gov/opinions/archive/H038594.PDF

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Customer: replied 3 months ago.
can I break my lease ?
Customer: replied 3 months ago.
I have ordered a home inspection to have evidences

Under the constructive eviction theory the argument is the landlord breached it by failing to provide essential services which allows the tenant to vacate;

it needs to be well documented so the landlord cannot claim they were in compliance and the tenant's early departure was actually the breach.

Customer: replied 3 months ago.
Hi, I didn't received the credit of $59 for the cancellation of the phone call

Hello; normally customer service is good about that; I don't have access to your account (to protect your privacy since we have so many contributors on here; your financial account is secure with the customer service deparment) so please contact ww2.justanswer.com/help and they should be able to help!