1. original rent agreement was 1996, made with myself and now ex-husband who agreed (ex-husband) to make minor repairs to the home (this was not written down on the agreement).
2. now divorced and cannot do the work that needs to be done to upkeep/repair
3. rent at the time of 1996 agreement was $525 and is now $725
4. willing to pay fair increase of rent to landlord & have landlord be fully responsible for upkeep/repairs of property
Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
You really need to consult personally with a landlord tenant attorney in your area to review your rental agreement.
I doubt very much that the landlord can abrogate the responsibility to provide habitable premises in a residential rental agreement -- which would include a functioning and safe wall heater. But, I am no expert in landlord/tenant law.
If you are not obligated to repair the heater, your best option is to use the repair and deduct provisions. Follow the procedure to the letter, otherwise you will not have the benefit of the provisions.
You can read about the procedure and other rights as a CA tenant in this CA publication: California Tenants
https://www.mrdaymude.com/wp-content/uploads/2012/10/California-Tenants.pdf
A faulty wall heater is a very serious safety issue. Your landlord cannot refuse to fix it; toherwise there is no way to provide heat. Failing to fix a wall heater is not only a health and safety violation because of possible carbon monoxide poisoning, but it is also grounds for termination of the lease, based on a warranty of habitability. If you wish to stay there, I would recommend writing to the landlord and demanding that the heater be repaired or replaced immediately. I would also contact your local health and safety authorities. You may be able to have the heater repaired and deduct it from your rent. Just be sure to get a qualified service company to do the work.
Kevin Lewis KingTrademark Application AttorneySan Francisco, CA ·
As I see it:
Making minor repairs should not be construed to include replacing major systems such as a gas wall heater. Replacement or repair of a gas-fired heater would likely require a licensed contractor due to the dangers inherent in working with natural gas systems.
Further, because the landlord's agreement with your ex-husband for minor repairs was not put into writing, he would have a hard time establishing that fact in court. Plus, it seems unfair for the landlord to expect you to take over the repair/maintenance responsibilities when you cannot competently do such work.
The landlord has a lawful obligation to provide safe and habitable premises. Basic heat is one of the primary systems required or habitability. After you inform him, in writing, of the gas company's assessment of the safety of your wall heater, he has a reasonable time to address and repair it. If he does not, you can either pay to have it fixed by someone else and deduct the cost from your monthly rent payment, or you can stop paying altogether. Expect that he will attempt to evict you once you stop paying, but you will be able to defend the eviction on the basis of retaliation and uninhabitability.
