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We have recently moved into an apartment and have had problems with the water heater, and now the plumbing. So far, we have had seven days this month where we either had no access to hot water and/or had plumbing issues. The landlord has been trying to fix this. However, we have still had to live in this uninhabitable and inconvenient conditions. My questions is: Should we be prorated for the days that we have not had hot water/plumbing even though the landlord IS trying to fix the problem?
Yours is not legally an uninhabitability issue. You'll find CA landlord tenant laws linked in the first "sticky" on this page and reading through the clauses related to uninhabitability will likely answer your question. Hopefully, all will soon be fixed!
Yours is not legally an uninhabitability issue. You'll find CA landlord tenant laws linked in the first "sticky" on this page and reading through the clauses related to uninhabitability will likely answer your question. Hopefully, all will soon be fixed!
Thanks, but I did read on the CA consumer affairs that lack of plumbing, including hot and cold water was considered uninhabitable.
Thanks, but I did read on the CA consumer affairs that lack of plumbing, including hot and cold water was considered uninhabitable.
That does not apply to you because you do have plumbing, including hot and cold watrer. They are undergoing repairs whch is allowed under CA law and is an exception to habitability. Because your landlord is responding to the issues and making repiatrs, they would not be held in violation unless the manner of them handling the repairs causes a Judge to say its unreasonable. On that same note, if you feel the landlord is not abiding by the law and you feel that a prorated rent is in order, sue the landlord and have a judge deterime what you get.
Lack of water or useable plumbing is a habitability issue, and I believe you should ask your landlord to abate your rent, if your issues fall under habitability in CA.
We don't know from your post what exactly you're talking about - if you can't use your toilets or you have no running water at all, or if you just have to jiggle the toilet handle.
But, it sounds like you found the right website, if you found the Consumer Affairs website for CA. That is a great website and very specific.
If you ask your LL and your landlord won't abate your rent, and you really believe he should, then you can always file a small claims court action and let the judge decide. Ask the judge to also award your court costs if you win.
Lack of water or useable plumbing is a habitability issue, and I believe you should ask your landlord to abate your rent, if your issues fall under habitability in CA.
We don't know from your post what exactly you're talking about - if you can't use your toilets or you have no running water at all, or if you just have to jiggle the toilet handle.
But, it sounds like you found the right website, if you found the Consumer Affairs website for CA. That is a great website and very specific.
If you ask your LL and your landlord won't abate your rent, and you really believe he should, then you can always file a small claims court action and let the judge decide. Ask the judge to also award your court costs if you win.
There is not lack of water....there is a temporary lack of hot water. They have incoming water..it's just cold and no one ever died of not having hot water
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