Can We Deduct Some Of Our Rent Payment If We Did Not Have A Working Heater For 10 Days During A Storm? I Live In California


5 Answers

al jo Profile
al jo answered
Actually you can deduct rent whenever your apartment/unit is not habitable.  Not habitable includes not having running water, not having hot water, not having heat, exposed wiring or plumbing, non-working windows or exterior doors, major repair or renovations (i.e. You are not required to live through major repairs and renovations), etc.  Your landlord could have probably prevented your heater from catching fire if he properly maintained the heater and did annual check-ups.  That means you can  deduct the daily value of your rent, plus and additional costs, such as eating out because you can't prepare food in your unit, etc.  Also the landlord is responsible for putting you up in a hotel when your apartment is not habitable. Each state varies, but habitability conditions are listed in statute.  Also it is illegal for your landlord to retaliate against you because you peacefully asserted your rights and your landlord could have to pay monetary damages if it is found that he retaliated against you (at least in California).
Jason Levy Profile
Jason Levy answered

I think, The best lawyer is the one I got from SanDiego CA Tenant Legal Center call them or legal aid keep your fight stand up for your rights.

Suhail Ajmal Profile
Suhail Ajmal answered
No you can't deduct any amount from the actual rent. The heater is already placed for repair. You have to be patient in the situation. There is no law which gives you the freedom to do this in California.
thanked the writer.
Yvonne Angus
Yvonne Angus commented
Normally, the only way to deduct rent for non-funtioning required appliances, unless agreed upon by the landlord, is to put the money for rent into an escrow account with the clerk of court and have the courts and/or Landlord/Tenants Associations resolve the matter. The law may differ from county to county, so check first. Call your local Landlord/Tennant arbitrators for more information in your area. Sometimes you can call the city and they will cite the landlord to have the unit repaired, although this is not a rental issue. It is a way to guarantee a reticent landlord lives up to their responsibilities without giving you the run-around. Only do this if you have requested (usually in writing) to have the work done, and a significant amount of time has elapsed. If it is 20° below and your heat doesn't work, one day could be significant time!
andrea sterling
andrea sterling commented
I tryed to rate 5 dtar it took one
John Johnson Profile
John Johnson answered
Probably not. Most state laws say that if it is not the fault of the landlord, then it can't be deducted. Like an act of whatever supreme being you believe in.
andrea sterling Profile
andrea sterling answered
The best lawyer is the one I got from SanDiego CA Tenant Legal Center call them or legal aid keep your fight stand up for your rights.

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