i moved into the property for only 3 months when we moved in he told us that everything was working properly which it wasnt the gas line was not working so we were without gas for the whole time there. we had to take cold showers knowing temperatures dropped in the winter. my child got sick was in the hospital because of this. we didnt have a proper working here which the gas company put a danger sign on the heater itself, we still paid rent and the last month in dec i told him i was going to be late paying rent after he installed the heater so i can fill up the protane tank so we wouldnt be living the way we were i was tried of all of us getting sick. he told me no that we had to move out in 3 days which i left cause i was tired of my kids living in a place that was not safe
Under California Law a residential rental unit must be fit for human habitation. The unit must be in substantial compliance with applicable building and health codes. It is difficult to tell from the limited facts in your message, but if the unit was not fit for human habitation and you or your child became ill, you may have a claim against your landlord. But to really evaluate the case and advise whether you should pursue a claim, you need to speak with an attorney in your area and provide the attorney with all relevant information about the rental unit so that the attorney can advise you on your best course of action. But I definitely think you should speak with an attorney in your area that handles landlord tenant law.
First off, I am glad to hear that you are out of that house, and hope that your child is feeling better.
From the facts that you presented, I am not sure if you would be in a good position to file a law suit. At the most, you may be able to recover your security deposit in small claims. There are a few reasons why, and I will try to address each one.
BACK RENT: It is true that a landlord is legally obligated to provide a habitable premises. This would include hot water and heating. The problem is that the law provides landlords a reasonable amount of time to make necessary repairs after he or she is told about the problem. From what you have stated, I don't know if and when your landlord was aware of the heating problem. And it sounds like you only lived there for three months, so you weren't living in the unit for very long. Also, your story says that the landlord fixed the heater. So it would be hard to say that you are owed any back rent for his failure to provide a habitable premises.
Also, your facts state that you couldn't pay full rent in December because you had to fill the propane tank. If your agreement with the landlord provides that he should pay for the propane, then you would have been wrongfully evicted. However, generally tenants would have to pay for the propane, just as they would for gas or electricity. The landlord only has to provide the heater, not the fuel. Therefore, the landlord would be entitled to the full rent, and was within his rights to evict.
PAIN AND SUFFERING: This is a landlord-tenant dispute, which is largely a matter of contract law. When there is a breach of contract, generally a person cannot recover pain and suffering. So, there would be no pain and suffering damages allowed if you sued the landlord.
DEPOSIT: The only amount that you may be able to claim from the landlord is the security deposit. This is a common disagreement between vacating tenants and landlords. A landlord can keep a security deposit only for a few reasons: 1) back rent, 2) cleaning costs, and 3) repairs. Otherwise, the landlord must give the vacating tenant a full refund of the deposit within 21 days, or provide a partial refund with an explanation of the deductions.
I am not sure of the complete facts of your case, but I don't think it would hurt to write a letter to your landlord requesting your deposit or an explanation for why it is being withheld. Include the language in Civil Code section 1950.5, which deals with security deposit to let he know you're serious. And if he refuses to give an explanation, you may want to consider suing him in small claims. Good luck.
Disclaimer: Nothing in this response is intended to create an attorney-client relationship. Nothing in this response is intended as a guarantee of any outcome.
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