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I rent a house in California, I have no heat, and it is

I rent a house...

I rent a house in California, I have no heat, and it is impossible to plug electric heater because the electricity is poor

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

I sent a mail in march, but nothing has been done

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

My lease end in November, but I want to leave now

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Answered in 1 minute by:
7/10/2017
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,706
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this;

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

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,706
Experience: Just Answer consultant at Self employed
Verified
legalgems and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 1 year ago
I called several times, I sent a certified mail in march
Joycelaw
Joycelaw, Attorney
Category: Real Estate Law
Satisfied Customers: 120
Verified
Phone call session started

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 reply replied 1 year ago
can I break my lease ?
Customer reply replied 1 year 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.

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Customer reply replied 1 year 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!

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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.

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).

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