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What are the tenants rights if there is no working furnace to heat the home?

Sacramento, CA |

Time line:
- Gas turned on early September. Gas company lights pilot, but says need HVAC to check furnace further. It doesn't work.
- Early October, I call landlord, says he "forgot" about it.
- mid October, it's cold at night and mornings, two electriciancs come out, both say HVAC person needed.
- Landlord attepts to send third electrician to "fix" furnace. I refused to set an appointment to meet him because of what previous electricians say, I call landlord to tell him this.
- Oct 17, finally HVAC person checks it out, says need a new furnance. No word from landlord
- Oct 19, I call landlord, he claims no call back from HVAC person. I reminded him temps are dropping to 49 at night.

Can I withhold my rent until I get heat? What are my rights

Thanks for the info. I'm making that my next call.

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Attorney answers 1


You CAN withhold your rent, but you run the risk of your landlord attempting to evict you for non-payment of rent. I would advise you to call the local health department and/or department of building and safety and ask them to inspect the premises. One of these agencies should be able to issue an order to comply to your landlord directing him to replace the furnace.

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