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So I moved in 10/1 and the heat hasn't worked since then, its already the end of October (in 3 more days 29, 30, 31).
The property manager just came out and personally told me I have to pay the rent regardless of there being no heat available since 10/1!!!
I told him I won't pay it since theres no heat whatsoever from the very start (heat unit broken, doesn't turn on, and electric/heat techs came out but havent done ANYTHING yet!)
So I moved in 10/1 and the heat hasn't worked since then, its already the end of October (in 3 more days 29, 30, 31).
The property manager just came out and personally told me I have to pay the rent regardless of there being no heat available since 10/1!!!
I told him I won't pay it since theres no heat whatsoever from the very start (heat unit broken, doesn't turn on, and electric/heat techs came out but havent done ANYTHING yet!)
What should I do?!?!
You should read the CA landlord tenant laws which you'll find linked in the first "sticky" on this forum. There are procedures to follow where rent withholding and maintenance issues are concerned which you'll find explained there. Follow them to the "t".
You should read the CA landlord tenant laws which you'll find linked in the first "sticky" on this forum. There are procedures to follow where rent withholding and maintenance issues are concerned which you'll find explained there. Follow them to the "t".
I second this. Unilaterally withholding rent while not following proper procedure will leave you in a world of hurt. Have you provided written notice to the manager that the heat isn't working?
Read the CA landlord tenant laws and follow what they say. If you need assistance, try contacting a local tenant advocate lawyer to confirm what your legal options are.
You should read the CA landlord tenant laws which you'll find linked in the first "sticky" on this forum. There are procedures to follow where rent withholding and maintenance issues are concerned which you'll find explained there. Follow them to the "t".
Exactly, read the state laws for California in the first post in this forum, It addresses this situation exactly in regard to how and when you can deduct from rent for no heat.
The law says you are supposed to use the repair and deduct method first. Read it carefully. It also lists the risks involved in any of the remedies available to you. You can contact the CA Dept of Consumer Affairs for help:
Last edited by NoMoreSnowForMe; 10-29-2013 at 11:39 AM..
Reason: Paragraphs disappear when I post. Weird. Okay, had to insert html code to create paragraph breaks. Huh.
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The property manager just came out and personally told me I have to pay the rent regardless of there being no heat available since 10/1!!!
I told him I won't pay it ................... What should I do?!?!
I suggest that what you should do is to start packing because you are just about to have an eviction for non-payment of rent filed on you.
Nah, there's still the full septic. Last night I dont understand why none of the tenants called the health department! We were most all coughing because if the burning throat sensation from the methane/raw sewage smell. Because they stirred it up last evening without pumping it out. I'm guessing I'm the most articulate or motivated one. I dont like to just bicker about drama like I've been doing on here If you haven't read the other thread, its 3 main issues: Tub clogged daily, have to empty with bucket, Heater doesnt work/turn on, and last but not least, the nauseating foul smell coming out the sewers even with drain stopped up and bath door shut closed.
It's literally like the basement has turned into a SUMP/SEPTIC tank. They mentioned they have to cap off exposed wires to avoid issues. Sure! Methane and electrical devices and wires everywhere, nice.
Still waiting for someone from Building safety & health to come out here... I need something issued in writing in order to vacate under constructive eviction!
Otherwise, they can say just say I made it all up to leave.
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If you haven't read the other thread, its 3 main issues: Tub clogged daily, have to empty with bucket, Heater doesnt work/turn on, and last but not least, the nauseating foul smell coming out the sewers even with drain stopped up and bath door shut closed.
