If my landlord won’t fix the water heater, what do I do?
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If my landlord won’t fix the water heater, what do I do?
Asked on December 19, 2012 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Obviously, if you have no hot water, your premises is not "habitable" (this means safe and sanitary). If you have notified your landlord of this and they have taken no action to rectify the situation within a reasonable timeframe, then they are in breach of the implied "warranty of habitability". For such a breach you can - repair the problem and deduct the cost of the repair from your rent, or withhold your rent payments until the situation is remedied, or break your lease.
Also, if you have no hot water and are forced to move out, you can claim something termed "constructive eviction". Based on this legal theory, you may be able to terminate your lease with no penalty or further financial obligation. In fact, you could obtain a refund of your security deposit, as well as have a claim for any costs you incur as a result (i.e. hotel; extra travel time to wok; storing belongings; etc.).
At this point, you need to contact an attorney that specializes in landlord-tenent cases; they can best advise you of your rights.remedies under specific state law.
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