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Old 08-04-2010, 10:59 PM
 
380 posts, read 1,109,411 times
Reputation: 93

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She tells me if isn't part of habitability and not her responsibility. This is a gas oven that when I turn it on, not only does the flame go out, but so does the pilot light. That is a danger.

She says if I get it repaired, she won't let me deduct that from rent. I'm renting month to month so I suppose I'll just have to give 30 days notice and move out. Sucks that I just paid this month and I also paid for last month up front, so I'd have to stay here two months without a working oven--and I highly doubt she will be giving me my deposit back?

Do I have recourse?

Last edited by 1newyorkguy; 08-04-2010 at 11:50 PM..
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Old 08-05-2010, 11:45 AM
 
Location: Los Angeles
8,425 posts, read 10,836,898 times
Reputation: 10656
Obviously you and the landlord are at a point where some mutual agreement can't be reached, and the possibility of you moving out is obviously forthcoming.
Call your local building and safety deppartment and explain the situation too them.
They will move quickly on this because of the safety hazard.
Bob.
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Old 08-05-2010, 11:49 AM
 
Location: Los Angeles
22 posts, read 107,676 times
Reputation: 18
I don't know if you have "recourse", but I agree with CalGuy -- you definitely have a safety hazard in your apartment. Document everything.
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Old 08-05-2010, 11:52 AM
 
Location: Full Time: N.NJ Part Time: S.CA, ID
6,114 posts, read 12,477,913 times
Reputation: 8674
Quote:
Originally Posted by 1newyorkguy View Post
She tells me if isn't part of habitability and not her responsibility. This is a gas oven that when I turn it on, not only does the flame go out, but so does the pilot light. That is a danger.

She says if I get it repaired, she won't let me deduct that from rent. I'm renting month to month so I suppose I'll just have to give 30 days notice and move out. Sucks that I just paid this month and I also paid for last month up front, so I'd have to stay here two months without a working oven--and I highly doubt she will be giving me my deposit back?

Do I have recourse?
It seems like to me .... that if the oven is on the lease, as an included part of the apartment, it needs to be kept in working order by the landlord.

I'll also add, that you may want to get an estimate (if free, or inexpensive) to see how much it will be to fix. If its like $30 to get the oven fixed ... maybe worth doing it and being done with it.
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Old 08-05-2010, 01:50 PM
 
1,297 posts, read 1,807,660 times
Reputation: 2117
It's total BS that she refuses to fix the oven, that is really dangerous. If you haven't done so already, do as suggested and contact the local health/building department. You might even want to call the gas company directly as maybe it's something they could remedy for free. In any event, I would blast (no pun intended) out of there as soon as possible no matter, what a jerk of a landlord. And you are probably right, your security deposit will probably stay in her pocket. Good luck with that!
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Old 08-05-2010, 02:05 PM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,186,268 times
Reputation: 21885
Check your rental agreement to see if your landlord offers ovens as part of the apartment. Was this a unit that another tennent abandoned? Not sure how to handle this one because not all places offer ovens as part of the rental. If your agreement states that they are not included you may have to pay to have it fixed. If in fact it is considered a part of the unit and it is spelled out in your agreement then she may be liable for it. Funny thing living in this part of the world every city seems to see these thigs differantly depending with regards to rentals.

You can also call the gas company and they can check it out for free. They won't fix it but are always a good resource to use for gas appliances.
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Old 08-05-2010, 02:09 PM
 
Location: Planet Earth
1,084 posts, read 3,274,211 times
Reputation: 857
I'd probably buy a hot plate and put in my notice and be very careful about where you live next.
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Old 08-09-2010, 12:38 AM
 
Location: Los Angeles, CA
126 posts, read 669,950 times
Reputation: 105
Habitability, what a joke. Inform your legally challenged landlord by letter that proper functioning gas equipment is part of habitability (California Tenants - California Department of Consumer Affairs), and if that doesn't work, Santa Monica has a very robust renters-rights community. I'm sure there is someone you can contact who would love to get up close and personal with a landlord who refuses to spend $100 to fix an oven she no doubt claims as FF&E on her rental form.
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Old 08-09-2010, 11:14 AM
 
1,465 posts, read 5,129,484 times
Reputation: 861
Also, you did not pay last month's rent. No matter what it is called, anything over and above the first month's rent is a security deposit California Security Deposits

You should probably read this as it will explain in detail what your rights are in getting your deposit returned.
California Tenants - California Department of Consumer Affairs
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Old 08-09-2010, 11:32 AM
 
Location: Dalton Gardens
2,855 posts, read 6,455,016 times
Reputation: 1699
As a professional in the leasing business I can tell you that, yes, the landlord is responsible for reparing or replacing the stove/oven IF it was included with the apartment. As for getting all of your security deposit back, don't count on it. You'll be lucky to get 30% back. It doesn't matter how short a time you have been in the apartment. The landlord will find some reason as to why the whole apartment needs to be repainted, professionally cleaned and probably a carpet cleaning as well. What most of us in the business have known for the past two months (just hit the news this morning) is that there is a major outbreak of Bed Bugs in Los Angeles County, so the landlord MIGHT try to keep your deposit with the excuse that the apartment needs to be checked for bed bugs. A bed bug infestation is expensive to have abated, and takes three weeks. The exterminator needs to come out once a week for 3 weeks in a row, at EXACTLY the same time, and EXACTLY seven days apart, to exterminate. It costs over $500 for this procedure, so be aware that when you go looking for a new place to live, you might be asked to sign a new addition to the lease packet, called a Bed Bug Addendum, making you responsible for the cost of exterminating any bed bugs you bring in.
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