If we have no heat for past 2 months and just received a 3-day pay or quit notice, howshould we respond?

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If we have no heat for past 2 months and just received a 3-day pay or quit notice, howshould we respond?

Asked on January 4, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When was the last time that you paid your rent?  Was it two months ago when the heat issue started or was it just this past first of the month? What will happen now is that if you do not pay in the three days your landlord will start a summary proceeding for eviction.  You could take the bull by the horns so to speak and go down to court and file a landlord tenant proceeding against them and request to pay your rent in to court and file a proceeding against them regarding the heat.  You are entitled under the law to what is known as an abatement - or reduction - of your rent if there are certain necessities that have not been provided you by the landlord or the landlord has breached the warranty of habitability.  Heat is a necessity. Good luck. 


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