What shoulda tenant do if after 2 monthsthey still have no air, stove,or outlets that work?
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What shoulda tenant do if after 2 monthsthey still have no air, stove,or outlets that work?
My daughter has made a list and given it to the landlords; they told her call maintenance. She has done that and has gotten no response.
Asked on June 22, 2011 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In every lease, there is what is called an "implied warranty of habitability". This means that a landlord is required to maintain the premises in a habitable (liveable) condition by complying with local/state housing codes.
While not having A/C might not qualify, typically not having a stone or operable electrical outlets would qualify as a breach of the implied warranty of habitability. And when there is such a breach, if the landlord does not make the necessary repairs in a reasonable time after being notified, the tenant can:
- make the repairs and deduct the cost from the rent;
- move out; or
- withhold rent.
However before attempting any of these remedies, a tenant should consult with either an attorney that who specializes in such matters or at least a tenants rights organization. Failing to take the appropriate legal steps could result in their financial liability.
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