Consider buying a heater and requesting reimbursement (if things are getting urgent)
If your heater breaks down during a particularly cold night and you have called or written to your landlord several times already and need heat ASAP, one option is to buy a space heater if you don’t have one already.
Simon-Weisberg said that if you have notified your landlord of insufficient heating and have not received any response, you have grounds to buy a space heater and discount the cost from your next rental payment.
My landlord isn’t being responsive. What now?
If weeks pass by and your landlord still hasn’t fixed your heating, should you refuse to pay your rent?
Simon-Weisberg recommends against that because it could prompt a landlord to begin eviction proceedings against you. Instead, she suggests that you call your city’s building code enforcement agency. When you file a complaint, either online or by phone, code enforcement staff will contact your landlord.
“Landlords will take it more seriously if they are hearing from the city,” said Simon-Weisberg, adding that if they don’t respond to officials after 35 days, landlords can start facing certain financial penalties. In some cities, tenants may even get the opportunity to renegotiate their rent and get a reduction, she said.
Below is the contact information for code enforcement agencies for several Bay Area cities. You can also quickly look up the contact information for your city’s agency with an online search. Remember: If the situation in your home has worsened and your life — or someone else’s — is in immediate danger, call 911 straightaway.
What should you do while you wait for city staff work to hold your landlord accountable? Simon-Weisberg advises looking for temporary solutions to protect yourself from the warmth, like getting a space heater.
But one thing you should not do: use your gas range or oven to heat your home. This is not only a major fire risk but also causes a buildup of carbon monoxide in your home, which could be lethal.
I don’t have a formal contract with my landlord. Do these protections also apply to me?
Absolutely. In California, tenant protections apply even if you currently do not have a written lease contract. The state recognizes verbal agreements: The moment you pay your landlord for a month of rent, you establish a tenancy agreement.
“There are some countries where the [tenant’s] rights all come from having a written contract,” Simon-Weisberg said. “But in the United States, those rights for tenants actually come from the law.”
Additionally, if you are undocumented, California’s housing laws still protect you.
Simon-Weisberg said that one of the things that makes her “most proud” as a Californian is that “regardless of your immigration status, you have the same housing rights.”
“You have a right to the same safe housing that is regulated by state law,” she said.
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