Can we deduct additional utility expenses incurred because landlord took 16 days to fix main (gas) heater?

Question

Can we deduct additional utility expenses incurred because landlord took 16 days to fix main (gas) heater?

Anonymous Feb 25, 2015 7 views 2 answers

Our gas heater in our apartment stopped working on December 31st, 2014. The landlord was informed, sent someone to repair and repair guy told us it wasn't worth repairing and would be better to get a new unit. Landlord didn't appear overly expeditious to fix problem, and either she or the person she was sending to check it out further missed several appointments. In the end, the new heater was not installed until January 15th, 2015. As a result, we had to use portable electric heaters (not very efficient) as our source of heat. Utility bill will probably be much higher because of this. Are we entitled to deduct from the rent the additional amount of our utility bill because it took 16 days to provide a heater? (Maybe using the difference between this and last year's bill as a basis.

Michael Chan · Answer 1 · 2026-06-15T13:37:43+00:00

In California, you have an implied warranty to habitability as a tenant of a leased residential premises. This means that a residential premises has to be fit for human habitation. This includes heating. If there is a defect that affects habitability, the landlord after being given notice of the defect, must repair the defect within a reasonable time. Unfortunately, there is not much guidance as to what specifically is reasonable (i.e., you have to do this in no more than 7 days). Typically, if a landlord has made repairs/replacements within 30 days after notice of the defect, it is deemed reasonable.

Tomas Ross · Answer 2 · 2026-06-15T13:37:43+00:00

Tomas Ross

Tomas Ross · Jun 15, 2026

I agree with Mr. Chen below. Good luck.

0 upvotes

Can we deduct additional utility expenses incurred because landlord took 16 days to fix main (gas) heater?

Attorney Answers

Browse by Practice Area

Browse by State