I have a lease on a home in California. A month ago the hot water heater went out and started leaking. I notified the landlord first by phone and then in writing but nothing has been done to resolve the problem. I have not had hot water for a month and now mold is growing on the walls. I have not stayed in the house during this period and have had to stay with friends. Can I break this lease and recover some of my rent and my deposit? How do I go about this and protect myself from any legal action by my landlord.

Thanks for any help,

Hal

Hello hal:

Yes, if the residence becomes/is un-inhabitable, you may break your lease.

However, you need to give your landlord an opportunity to fix it, or you can have it fixed yourself and deduct the amount from the rent. You must follow the law in doing so, or you WILL expose yourself to legal action by your landlord.

We have a copy of the landlord/tenant law for California right here on the top of the real estate page on a "sticky note". I haven't read it in a while, but I'm sure it involves lots of notice, ample time, and lots of documentation.

You are entitled to a refund paid for your uninhabitable residence.

excon

Yes, you should be, put you will have to get the house inspected by the building inspector who would declare it not able to be lived in.
Also in some major cities there are city departments that do this under rent control agencies.

Also at this point,what proof do you have in court that you notified him, did you send the information registered.