What is pro-rate for "extent to which the damage interferes with tenants reasonable use of premises" for tenants w/out heat?

Asked over 1 year ago - Burbank, CA

No heat for 24 days straight ; LL has now repaired the unit . We feel that we are entitled to a rent reduction for those 24 days where the The breach of the implied warranty of habitability was violated for the broken heater . Is the logical solution is to apply California Civil Code Section 789 . 3 ( deduct $ 100 per day ) as a formula for rent reduction or is there another formula that we should employ ? Our Lease : " Rent shall be abated as the date premises become totally or partially uninhabitable . The abated amount shall be the current monthly rent prorated on a 30 day period . * * * If the agreement is * * not terminated , Landlord shall promptly repair the damage , and * * rent shall be reduced * * * based on the extent to which the damage interferes with tenants reasonable use of premise . "

Additional information

RE: "based on the extent to which the damage interferes with *tenants* reasonable use of premise" Three tenants were affected by the lack of heat and two work from home, so the recent Valley cold-snap was unbearable and we had to use the oven just to stay warm.

Attorney answers (2)

  1. James Carl Eschen III

    Contributor Level 16


    Lawyer agrees

    Answered . The $100 daily rate applies only if the landlord intentionally cuts off the utilities to make you move. That did not happen here.

    Your question has no good answer. All you and your landlord can do is pull numbers out of the air that you think are fair. Although you were cold, you still had a roof over your head and a secure place to sleep and keep your possessions. You might talk about a 30 percent reduction or so.

  2. Brad S Kane


    Contributor Level 18


    Lawyer agrees

    Answered . I agree with colleague's excellent answer. However, I want to add some important practical advice.

    DO NOT USE AN OVEN TO HEAT A HOME. You are lucky you did not burn the house down. There are also practical alternatives such as purchasing small portable electric heaters to move with you from room to room with you. Please note too many electric heaters can blow a fuse, so try not to overload the electrical system.

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