Heat is one of the essential safety features that landlords must provide to legally rent residential property in California. If you are experiencing a lack of heat in Huntington Beach, you do not have to suffer in discomfort.
Contact a dedicated tenants’ rights attorney from Elder & Spencer. Our sole professional focus is standing up for tenants. Our attorneys could help you force your landlord to resolve the situation quickly so that you can enjoy your home in safety and comfort.
California Civil Code §1941.1 requires anyone offering a dwelling unit for rent to provide heat. A residential unit without heat is considered unfit for habitation.
Every residential lease in California contains an implied warranty of habitability. A dwelling unit is uninhabitable if it is not heated or the heat is inadequate.
When a landlord refuses to make a dwelling unit habitable by providing heat, the tenant has several rights. These include the right to withhold rent, the right to move without notice, and the right to sue for losses the tenant incurred because of the landlord’s breach of the warranty of habitability. However, a tenants’ rights attorney in Huntington Beach will typically try to resolve the matter of lack of heat out of court if possible.
When a rental property lacks essential heat, the tenant must notify the landlord or property management company. Any verbal communication should be followed by a written notice via letter or email detailing the issue and the duration of the outage. Maintaining copies of all correspondence and records of in-person discussions ensures proper documentation.
When a landlord receives a complaint regarding no heat or inadequate heat during the cold weather months, the lack of heat is a safety issue, and the situation is considered an emergency. The landlord must promptly address the issue.
If the problem is brought to the attention of the landlord during warm weather months, they may have more time to provide heat. However, even in warm weather months, a landlord should fix a safety issue like heat promptly. A tenant whose Huntington Beach landlord is unresponsive to a no heat complaint should contact an attorney immediately.
Tenants have multiple remedies to force a landlord to fix a condition that affects habitability. However, there are restrictions on the use of these remedies, and violating the restrictions could endanger their tenancy. Always seek the help of a skilled housing rights attorney before deciding how to proceed.
A tenant can move out with no notice and no penalty when the landlord has not provided heat within a reasonable time of receiving notice of no heat from the tenant. Moving is not a desirable option for many tenants, but a tenant who wants to remain could withhold a portion of their rent. However, tenants should recognize that a lack of heat alone may not justify them withholding 100 percent of their rent, and doing so could jeopardize their tenancy.
An attorney in Huntington Beach could notify code enforcement authorities of the heat violation. They could also contact the landlord directly and try to negotiate a solution to avoid more aggressive action. When necessary, they could bring a lawsuit against the landlord seeking damages for the inconvenience the tenant suffered and any costs the tenant incurred seeking relief.
Heat is a necessity, essential for your health and well-being. When your landlord does not provide it, they are violating the law and your rights.
If you are suffering from a lack of heat in Huntington Beach, contact the housing rights attorneys at Elder & Spencer. We will help you resolve the issue quickly and preserve your tenancy if that is your wish. Reach out today for a consultation.
(714) 587-5150