Even in a mild climate, there are times when a home needs heat to be comfortable. California landlords are required to provide heating in the units they rent.
If you are a tenant and have been suffering from a lack of heat in Fresno, contact Elder & Spencer, LLP. Our tenants’ rights attorneys have the skills, experience, and commitment to make your living situation right and hold your landlord accountable.
The California Code of Regulations Title 25, §34 requires landlords to provide any dwelling unit or room they offer for rent with heat. The heating system must be capable of warming every room in the unit to 70°F, measured at three feet above the floor.
In addition, there is an implied warranty of habitability that applies to every rental dwelling in the state. Neither a tenant nor a landlord can waive the warranty of habitability. A residential unit without heat renders the property uninhabitable.
Tenants who do not have heat should first contact their landlord in writing and save a copy. If the weather is cold and the landlord does not address the heating issue within a few days, reach out to the Fresno housing rights attorneys at Elder & Spencer for help.
Lack of heat in Fresno during cold weather months requires urgent attention, and landlords must address complaints within a reasonable time. When landlords fail to respond promptly, tenants have several options.
Making a complaint to the city’s Code Enforcement Unit is a good first step and ensures official documentation of the heating issue. Tenants can make a complaint through the FresGO app or by telephone. Any tenant making a complaint should keep documentation such as a screenshot of the submitted complaint or a written note describing the date and time of a telephone complaint, who they spoke to, and what they were told.
An Elder & Spencer attorney in Fresno can follow up with code enforcement to learn what action has been taken against the landlord. An attorney can also prepare a civil complaint against the landlord for violating the warranty of habitability and statutes requiring heat.
Tenants often take matters into their own hands by buying heaters and deducting the cost from the rent. Although this may seem like a common-sense solution, it can create more problems for the tenant than it solves, and it allows the landlord to avoid installing a proper heating system.
State law allows renters to make necessary repairs that their landlords have failed to perform and deduct the cost from the rent. However, the total cost that can be deducted cannot exceed one month’s rent. Temporary solutions like space heaters may not be deductible from rent and may pose safety hazards.
A Fresno lawyer from Elder & Spencer can contact the landlord and secure an agreement to provide heating within an acceptable timeframe. If the landlord is uncooperative, a tenant has the right to move without notice, and this option can be appropriate in cases where landlords refuse to provide heat. A legal professional also could sue the offending landlord for the tenant’s costs related to leaving uninhabitable premises or, if the tenant chooses to stay, for the diminished value of the unit and the tenant’s suffering due to the lack of heat.
Living without heat is a safety issue. If your landlord is not providing heat as required by law, take action immediately.
Elder & Spencer, LLC is a law firm that focuses exclusively on tenants’ rights. If you are suffering due to a lack of heat in Fresno, we know how to get the problem solved quickly and efficiently. Contact us to get started today.
(714) 587-5150