Q: My CA apt (mnth2mnth lease) had no hot water for 22 days in June. I signed a new lease on June 30th. Do I owe July rent?
My landlord was informed immediately of the water issue. And took over two weeks to install new water heater, after which kept saying he needed to "adjust the temperature" until mine was hot. Each "adjustment" took days. After the hot water heater was replaced, it cause my bathroom to flood, while my neighbor lost all his water pressure. My landlord was informed of this twice and did nothing. He was informed the conditions were unsanitary and uninhabitable and did nothing. Also, the water was like this for two weeks straight in March and every single day it rained for the past 3.5 years. When I initially complained about water, he told me it was because everyone used it first, but never took any steps to remedy it.
I believe from what I read, since the place was uninhabitable and there was no state of emergency, I am not responsible for July rent and I could fight for moving costs?
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A:
Under California law, if a rental unit is uninhabitable due to the landlord’s failure to provide essential services such as hot water, you may not be responsible for paying rent for the period the unit was uninhabitable. Given your situation, with no hot water for 22 days in June and ongoing issues even after the replacement, the apartment could be considered uninhabitable.
You informed your landlord promptly about the issue, but he failed to fix it in a reasonable time, and the flooding and water pressure issues further made the living conditions intolerable. Since these conditions persisted and your landlord did not take appropriate action, you could argue that you should not owe rent for July, especially since you signed the new lease under the assumption that the problems would be resolved.
Additionally, you might be entitled to claim compensation for moving costs due to the landlord’s neglect. Document all communications and conditions meticulously as they will support your case if you decide to pursue this. Consulting a legal expert might provide further guidance on your specific rights and how to proceed with your claims.
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