Inadequate Heating (Oakland, Livermore: apartment, rental market, hotel)

[mmpetunia]

My partner and I are set to move into an apartment in Oakland. We took possession of it as of Jan 1st and thought it would be fun to spend the first night of the year in our new place (we don't officially move in until the 18th). We were really excited but our excitement has now turned to apprehension because the dinky wall heaters do not warm up the place at ALL. Thank goodness we brought an electric blanket and our own space heater. Even with that it was freezing!

The apartment is 900 sq. ft. and there are two of these: Wall Mounted Electric Heating | Best Electric Heaters Energy Efficient | Envi High-Efficiency Whole Room Electric Panel Heater

One is in the living room, which is 14x12 and connected to the dining room by a wide parlor doorway (doors have been removed) which is 12x12. So, that is essentially 168 sq ft + 144 sq ft...so, over 300 sq ft. The heater is designed to be used for up to 150 sq ft. There is no heat in the kitchen or bathroom and it's clear that the dinky little wall heater in the living room is way underpowered to maintain a reasonable temp in there, let alone in 3 other rooms.

The second heater is in the bedroom and given that it is adequately powered for the room size we *might* be warm enough there. We are just SO BUMMED because we really like this place but the windows are old and drafty and the heater is clearly underpowered. The landlord tried to rescind the lease offer because I have a support animal and we are afraid to make any more of a negative impression. At the same time, the heat is grossly inadequate and we are worried about how cold it will be.

We have looked at space heaters but the cost to keep that place warm with space heaters is going to be astronomical. The main living areas are all open--there is no way to close a door and allow a space heater to warm an area. We are unsure how to proceed. It seems as though past tenants have just used space heaters and that is what the expectation is for us to do.

Has anyone successfully navigated this process with their landlord? In other words, have you made the request and been able to maintain a good relationship with the landlord? I don't want to sour things especially since we are brand new tenants but I also don't want to freeze for the rest of the winter (all 6 weeks of it) or the next.

[Ruth4Truth]

How did you find this place? You didn't look at it before signing a lease?

[mmpetunia]

We did look at it and I asked about heat. The landlord showed us the wall heaters but they were turned off as the unit was vacant. We also viewed the unit during the day when passive heat from the sun was warming it. I thought it was a bit chilly then but figured it was because the heaters were off and that it would work out ok given that there were heaters installed. This last week has been very cold especially at night so when we stayed we realized that this simply isn't adequate. We have already signed the lease, so we are interested in finding solutions that will keep us warm without destroying our new relationship with the landlord.

[justinbro2002]

This is Oakland California were talking about not Oakland township Michigan? How cold does it really get? I live in Livermore and it gets down to like high 20's during the winter here sometimes and I have an old house with not great insulation but my house maybe gets down to 54 degrees on the coldest night. I don't even use the heater because they give me a headache. Get an oil radiator heater they are suppose to be pretty energy efficient. They rental market in Oakland is pretty hot now and I would worry about getting kicked out if you cause too much of a stink.

[mmpetunia]

That's kinda what we are worried about (getting kicked out)... We are looking at the oil radiators but it seems they are meant to be used as supplemental heat not a main heat source. The apartment was 61 in the living room with the heater on all night, it actually fell by one degree with the heater on just to give you an idea of how underpowered the heater is. Everyone is different-- 54 degrees indoors would not work for us at all but for others like you (and my mom) it's perfect. Even 61 degrees is not warm enough to keep my hands and feet from literally turning blue and being painfully cold. Even with blankets, slippers, etc. yes, I'm a wimp but I also have medical conditions that contribute to my difficulties staying warm.

The housing code states that the landlord has to have installed a heat source that will keep the apartment at 70F day and night. These heaters clearly do not meet the housing code rules.

Anyone out there go through this and successfully negotiate an acceptable solution for both landlord and tenant?

[shooting4life]

A plug in electric wall heater and plug in room/space heaters use the same amount of electricity per year created. All electric heaters are 100% efficient. Meaning they convert 100% of the electricity to heat.

[Ruth4Truth]

Why not call the landlord, tell him the heat is inadequate for the winter weather, and see what he says? You're not the first of his tenants to do so, most likely. Keep it friendly.

[ohhwanderlust]

I'm not an attorney, but I'm pretty sure that as a landlord, he is required to ensure that there is heat, and that it works.

Until then, try covering the inside of your windows with bubble wrap. It sounds crazy, but it helps trap the heat inside. A lot of New Zealanders do this, as houses there are notoriously cold otherwise.

[Fata Morgana]

From the Oakland Housing Code:
http://www.nchh.org/portals/0/conten...and_1-5-07.pdf

B. Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are unsanitary. Inadequate sanitation shall include, but not be limited to, the following:

1. lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit or lodging
house;
2. lack of, or improper water closets, lavatories and bathtubs or showers per number of guests
in a hotel;
3. lack of, or improper kitchen sink in a dwelling unit;
4. lack of hot and cold running water to plumbing fixtures in a hotel;
5. lack of hot and cold running water to plumbing fixtures in a dwelling unit or lodging
house;
6. lack of adequate heating facilities;
7. lack of, or improper operation of required ventilating equipment;
8. lack of minimum amounts of natural light and ventilation required by this Code;
9. room and space dimensions less than required by this Code;
10. lack of required electrical lighting;
11. dampness of habitable rooms;
12. infestation of insects, vermin or rodents as determined by the health officer;
13. general dilapidation or improper maintenance;
14. lack of connection to required sewage disposal system;

[antinimby]

You already signed a lease, why are you worried about getting kicked out?

Do not fear the landlord. He couldn't evict you based on you telling him there isn't adequate heating. The judge would laugh at him if it ever came to that point.