[inaslumnightmare]

Hello,

The air conditioning unit has been broken in my apartment for over two months now, and the landlord has flat-out refused to fix it. After several unanswered service requests, a month ago, I wrote a letter outlying thebove problem with the a/c unit. The temperature goes above 90 degress on a daily basis in my unit. I live with a senior citizen and a dog, making matters more dangerous.

As rent is due in a few days, what are my rights? I live in Los Angeles. Can I withhold rent? Can I do a rent reduction? I'm not clear on how to proceed. Thanks in advance.

[danielnoahsmommy]

I don't think lack of ac is areason to withhold rent. If ac is not in the lease you may have no standing.

[inaslumnightmare]

In California it is, but AC is not specified in the lease, so I'm not sure.

[danielnoahsmommy]

Maybe best to contact an attorney

[inaslumnightmare]

I have a budget of zero.

[Fr_Chuck]

First you normally just can't "not pay" you have to have the money placed in special account, being held for the landlord pending the repair and this is done with a law suit in housing court asking for the court to order the repair to be made. Just not paying gets you evicted.

BUT***** this is an issue, unless specificly listed in the lease, air conditioning is not always a required. For example non of my rental properties are supplied with air conditioning, tennants have to supply their own window units.

[inaslumnightmare]

Thanks very much, Fr. Chuck and danielandnoahsmommy. :)

Well, there's nothing in the lease that is specific to a/c. I did call the Department of Health, so they will be doing an inspection shortly. That will at least expedite the repairs unless the owner is just asking for trouble from the DOH, which is possible given the state of this building in general (the whole place is falling apart, my problem is the tip of the iceberg!).

But I digress. It looks like I have to pay rent in full. I did read on a CA tenant law page that I may be able to sue for damages, though. Can anyone clarify this?

[excon]

Hello in:

If A/C was part of the unit you rented, then you are entitled to a working A/C. I don't believe it needs to be listed in your lease.

You can find out your remedy by reading California landlord/tenant law. We have a copy right here on a sticky note.

Not having read it, I'll bet that it gives you a procedure wherein you can "self help". It's going to involve lots of certified communications with your landlord and time for him to fix it, but when he doesn't, you can fix it and deduct the cost from your rent.

You'll have to do it exactly like the law says. If you vary one iota, you'll have fixed HIS air conditioner for him and he'll evict you. I doubt you'll get credit for the time the ac has already been out, unless what you've already done complies with the law.

excon

[Emland]

In VA you have to give written notice and allow 21 days for repair. If it is not repaired then you pay your rent to the general district court pending repair. They hold the money until the issue is resolved.

Read the sticky and find out what the rules are for your locality.

[inaslumnightmare]

Well, I went to that page. A/C is not covered in CA as far as me withholding. I'll have to be a good tenant and let the DOH force my landlord to take care of it.

[excon]

Hello again, in:

Your refrigerator probably isn't listed either, but he's certainly required to maintain that unit in good working order.

In my view, the landlord tenant law in California is the most tenant oriented law in the nation. It gives tenants plenty of power to make landlords adhere. You CAN find your remedy there. Those rules are what are enforced by the courts. The courts have TEETH.

You, on the other hand, want to let a bureaucracy, who has NO TEETH, and who doesn't have YOUR interests at heart, take care of your situation.

Well, if you couldn't tell already, that WOULDN'T be my solution.

excon

[scri8e]

If it is in your rental agreement that the appliances such as a dish washer, a AC can be used but repairs are on the tenant. Then you are wasting your time. Have you read your rental agreement? What does it say? DOH is not going to be able to do a thing.

[Cvillecpm]

EMLAND - the VA statute you quot is VRLTA ONLY - it does not effect common law leases.

OP needs to check the CA repair/deduct option v rent withholding. If unit is under LA rent control, the rent control board should be more help that the housing inspector.

If the AC is a window unit, it is a matter of buying a NEW ONE from HomeDepot and remitting the remaining $$$ with a bill from HD to the owner...