If my water heater is not up to state code is that grounds to breach my lease?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my water heater is not up to state code is that grounds to breach my lease?
About 15 months ago, my landlord replaced my water heat at the house that I rent from him. He was notified by a plumbing company that the water heater was not up to code. He did not use that company but instead used somebody else. We have asked for the name and a copy of the invoice. The landlord now does not remember who did the work and even lied about who did do the work. It is now over a year later and the water heater is not up to code even after numerous conversation about getting it up to code.
Asked on January 4, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you do not have hot water, or the heater is dangerous, that might provide grounds to terminate your lease, since either could violate the "implied warranty of habitability," or obligation on landlords to provide rental premises that are safe and fit for their intended purpose. However, if the water heater works and is not unsafe, the fact that it is not up to code does not by itself provide grounds to end the lease early.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.