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I have lived in my apartment for 22 years. I was given 60…

Customer Question
I have lived in...

I have lived in my apartment for 22 years. I was given 60 day notice for a $500/month increase and the proof of renters insurance. I have not had hot water in my kitchen FOR A YEAR and a dishwasher unusable for 8 years.

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

Hollywood, California and I haven't contacted any attorney

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

Boiler plate type lease. The water is the main issue. I think, it's a darker issue about getting me out, however.

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

I think that is it. Thank you, ***** ***** I appreciate it.

Submitted: 1 month ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/21/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,215
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 1 month ago
How do I get my landlord to fix the problem of no hot water in my kitchen. One solid year since the leak and I haven't had a dishwasher for 8 years. I have lived in this unit for 22 years. With the rent increase and demand of proof of renter's insurance, I'd like to live with a working kitchen. The building has water issues. Built in 1976, we frequently have days of no water as they struggle to fix the problem. This is, I believe, a simple WASHER install. I also think, they would like me to move. Everytime someone moves out, major renovations happen to the unit. New counters, new stoves/fridges/dishwashers are installed. Mine is original to 1976. I still have wall to wall carpets, that the landlord says they will soon remove. I don't want them removed.
Customer reply replied 1 month ago
I am currently at work, unable to speak on the phone.
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

This appears to be a violation of the implied warranty (promise) of habitability if the dishwasher hasn't been working for 8 years. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally 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 usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement.

You may want to consider just writing a drafting a notice to the landlord detailing the problems and that you will exercise one of those options if they do not make the necessary repairs to the property. There’s a site that I’ve used in the past where you can find a good template letter (click here). It only costs $10 and it is way cheaper than litigation.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 1 month ago
Thank you for your answer. My car, in my parking space, is currently not running. The threat is, that I won't get a lease if I don't move the car. It's not "abandoned" (it needs a alternator).
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

I see what you mean. So, if the vehicle isn't abandoned and if it is not causing an environmental hazard, there is no law saying you must have a working vehicle at all. Thus, you aren't required to move it and they can't evict you for that reason.

Did you have any other questions for me today that I could help you with?

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Customer reply replied 1 month ago
Thank you so very much! Very, very helpful. What a wonderful service! I'll recommend to everyone!!!
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 month ago

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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  3. For your benefit, you can also click here in the future to request me individually.

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