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Updated almost 9 years ago on . Most recent reply

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1
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Paul NA
  • Surveyor
  • Fremont, CA
0
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1
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Renting property in someones town house (Fremont, CA)

Paul NA
  • Surveyor
  • Fremont, CA
Posted

Hi


I am currently living in a extra room in a persons house. We do have a lease, I have attached it below:

http://imgur.com/a/AwqZI

The original ad said that electricity and utilities are included in the rent for 650$/month.

I have been here for 1.5 month, I have paid my rent on time, I have always done what the landlord has asked me to.

When I originally visited the house, I asked whether theres central heating or not, because it california the temperature at night can become very cold. They said they dont want to increase the temperature to above 55-60F. I told that thats fine, but I would have to use a space heater. They said if I did I would have to pay the extra amount divided by the number of people living in the house.

I didnt notice it, but in the lease they put in a clause that I cant use a room heater. It was my mistake that I thought it was a good faith agreement, but I should have been more careful.

I have told them multiple times to increase the temperature of the room(at night it goes to 55-60F, and I start getting tonsilitis and cold), and they have refused to do so. So I started using my space heater.

The reason I got this place was because they claimed that they are going to cover the utilities etc in the rent, but now they are claiming that I have the pay the 25$ difference in the utility bill each month. She says "you can‘t use heater when you rent room, you could try to ask other people."

I am thinking of a couple of options
1. just paying the amount (~20$/month) for using the space heater if I need to in any particular month
2. sending them legal documents (http://legaldocspro.net/blog/warranty-of-habitability-in-california/http://www.hcd.ca.gov/codes/state-housing-law/hcc/hcc_ap2.pdf, )

3. moving out, and getting another place

Moving out is going to be a pain, so I am thinking of either 1 or 2.

I am not sure of the exact specifics, but what temperature does the landlord have to keep the room at in California?

Is it legal for the landlord to tell me that " you cold doesn‘t mean everybody cold. I won‘t warranty 60 degree to you", or in other words she wont turn on central heat and tell me I cant use the space heater either?

She also mentioned that since this is a private property a lot of the rules that apply to landlord-tenant doesnt apply here. Is that true?

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