House does not have heat - with hold rent?

[mrslunar]

What is the name of your state (only U.S. law)? CA

We moved into a house about a month ago that is a first time rental after having been lived in by the owner for 10 years. The central heat/air does not work properly. We've informed the landlord and they've sent the HVAC company they contract with out five times now. The past two visits the technicians have expressly told me they were not sure if they even fixed it but they were "pretty sure", however within a day of them leaving, the heating broke again. In three of the five times I've had to call, we've been without heat for days at a time, as the landlord has been unwilling to call the situation in as an "emergency".

I've asked the landlord to get another company to come look at it and they won't.

Now, I'm without heating again.

We would like to find a reputable HVAC company to come out and take a look/ fix the problem and then just deduct the fee from our rent.

Obviously the landlord won't be too thrilled with that, what can we do to make sure we are on the up and up legally? I really just want the heat to be working in my house, it's getting down to the 30s here at night.

 

[Who's Liable?]

What is the name of your state (only U.S. law)? CA

We moved into a house about a month ago that is a first time rental after having been lived in by the owner for 10 years. The central heat/air does not work properly. We've informed the landlord and they've sent the HVAC company they contract with out five times now. The past two visits the technicians have expressly told me they were not sure if they even fixed it but they were "pretty sure", however within a day of them leaving, the heating broke again. In three of the five times I've had to call, we've been without heat for days at a time, as the landlord has been unwilling to call the situation in as an "emergency".

I've asked the landlord to get another company to come look at it and they won't.

Now, I'm without heating again.

We would like to find a reputable HVAC company to come out and take a look/ fix the problem and then just deduct the fee from our rent.

Obviously the landlord won't be too thrilled with that, what can we do to make sure we are on the up and up legally? I really just want the heat to be working in my house, it's getting down to the 30s here at night.

You need to start a paper trail...

Send them a letter CRR stating the heat is out, and you request them to repair it within the alloted time as outlined in your states LL/T laws. Inform them failure to repair said unit per state LL/T laws will allow you to pay for the service yourself and deduct from your rent.

BE SURE to follow your states rent withholding rules to the "T"!

 

[mrslunar]

In my tenant landlord handbook from the state, it says "reasonable time" but it actually doesn't define a timeframe that I can find. I personally think that several weeks and five trips from their guy is reasonable time. Heating is included in the warantee of habitability in my state so**************...is there a rule of thumb for "reasonable" time? when it's 50 degrees in my house at night, I'll tell ya**************.....one night feels like I'm being plenty reasonable enough!

 

[Cvillecpm]

You don't say WHERE you are in CA so I suggest you purchase some space heaters for the next two or three weeks and then document, document, document and plan on moving this summer

 

[mrslunar]

Does it matter where in CA I am?

I shouldn't have to buy space heaters (even though I have for my sons room) and moving isn't an option for us. And that wasn't what I asked anyways.

If it matters, I live in Sacramento.

edit:
Are you saying 2-3 weeks is the "reasonable" time for them to have fixed it? Because it's been about 3 weeks since this problem started.

 

[BL]

Heating is something that needs to be fixed in a few days .

You most likely have the option of called code enforcement .

You also request in your letters compensation for the long periods of days without heat ( pro rated by days ) .

Get the written letter out ( proof it was sent and received ) , and explain while you've been reasonable , you will have no choice but to file a complaint , if not repaired/replaced properly .