Renting an Uninhabitable property

L

Lucas

Guest
Jurisdiction
California
I have an odd scenario right now; I rented out a small property in december. While going over the property, the lease and the rules of the property with the realator we discovered that both the toilet and the shower were inoperable. I was fine with renting the property and signed the lease as they had said that they would take care of it by the next week. One month passed and the toilet finally got repaired after two attempts. The realators declined to offer compensation for the month in which the place was uninhabitable by what I believe was california civil code 1942. I'm now attempting to get out of the lease and I have sent a letter of intent with certified mail. I'm trying to make sure that I have the legal prescidence to leave the lease since the lease was signed while the property was uninhabitable and you cannot charge rent or lease properties that are uninhabitable.
 
I don't know how you got referred to Section 1942 but it's apparent that you haven't read it or, at least, haven't complied with its provisions.

Read it now, read it carefully, and you should be able to understand why you cannot break your lease over this now:

Law section.

Let me know if you need any help understanding it.
 
Lucas said:
I have an odd scenario right now; I rented out a small property in december. While going over the property, the lease and the rules of the property with the realator we discovered that both the toilet and the shower were inoperable. I was fine with renting the property and signed the lease as they had said that they would take care of it by the next week. One month passed and the toilet finally got repaired after two attempts. The realators declined to offer compensation for the month in which the place was uninhabitable by what I believe was california civil code 1942. I'm now attempting to get out of the lease and I have sent a letter of intent with certified mail. I'm trying to make sure that I have the legal prescidence to leave the lease since the lease was signed while the property was uninhabitable and you cannot charge rent or lease properties that are uninhabitable.
Click to expand...

If the city in which you reside requires a LL to have a certificate of occupancy to rent properties, you MIGHT have some wiggle room, assuming your home isn't habitable and no certificate of occupancy exists.

How do you determine if it applies to your dilemma?

Somewhere in city or village government someone has answers that MIGHT set you free, and get you paid.


Happy hunting.
 
adjusterjack said:
I don't know how you got referred to Section 1942 but it's apparent that you haven't read it or, at least, haven't complied with its provisions.

Read it now, read it carefully, and you should be able to understand why you cannot break your lease over this now:

Law section.

Let me know if you need any help understanding it.
Click to expand...
adjusterjack said:
I don't know how you got referred to Section 1942 but it's apparent that you haven't read it or, at least, haven't complied with its provisions.

Read it now, read it carefully, and you should be able to understand why you cannot break your lease over this now:

Law section.

Let me know if you need any help understanding it.
Click to expand...
Ok so I recieved misinformation about civil code 1942, when I was told about that section I was told that it was about habitability of a property. My basic question is this: is it legal to rent a property that is uninhabitable by california law?
 
Lucas said:
is it legal to rent a property that is uninhabitable by california law?
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Of course not.

But uninhabitable means you can't live in it. You were able to live in it ("I was fine with it") so it wasn't uninhabitable.

Inconvenient, maybe, but not uninhabitable.

If a property is "uninhabitable" you look at it and say "That's uninhabitable, I won't give you any money or sign any lease or move anything in until you fix it. Call me when it's ready. Meantime I'll look for something else."
 
The toilet was repaired; the OP is attempting to justify breaking their lease now on something that took place several months ago (and that they were aware of when they signed the lease).

Gail
 
Gail_in_Georgia said:
The toilet was repaired; the OP is attempting to justify breaking their lease now on something that took place several months ago (and that they were aware of when they signed the lease).

Gail
Click to expand...

Unfortunately in a few states such actions are condoned, it not encouraged.
 

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