Anaheim California Letter from Landlord to Tenant for Failure to use electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities in a reasonable manner

State:
California
City:
Anaheim
Control #:
CA-1045LT
Format:
Word; 
Rich Text
Instant download

Description

This form is a cease or evict notice from Landlord to Tenant for Tenant's failure to abide by the terms of the lease and use electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, in the required manner. Should Tenant continue to misuse such appliances then Tenant will be evicted.

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FAQ

Under the Rent Stabilization Ordinance (RSO), a landlord is only required to pay monetary relocation assistance payments to tenants being evicted through no fault of their own. Without a RSO cause, a tenancy may not be terminated.

24 hours. Under Section 11 of the Landlord and Tenant Act 1985, you have the right to expect your landlord to carry out repairs in a 'reasonable time'. If it's an emergency repair as you've got no heating or hot water, your landlord should fix this in 24 hours.

Does my landlord have to provide alternative accommodation? A landlord is only required to provide alternative accommodation if the tenancy agreement says it must be provided. If it's not part of the contract, you won't have to pay rent if the property becomes uninhabitable.

Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.

Allow the landlord a reasonable amount of time to remedy the problem (usually 30 days, unless the issue is urgent, which is often the case when it comes to plumbing problems).

All tenants have a right to live in a habitable property. This means there must be running water (both hot and cold), electricity and heating or air conditioning in extreme outdoor temperatures. Measures must also be taken to ensure the tenant's physical health and safety.

In California a landlord is required to provide a safe living environment for the tenants and the law has been established under the California Civil Code. The failure of a landlord to provide such conditions can lead to violation of the law and impose civil and, at times, even criminal liability upon the landlord.

Hot water is considered an ?essential service? that the landlord must make a good faith effort to repair right away (A.R.S. 13-3161).

The statute says 30 days is presumed to be ?reasonable,? but a shorter time would be warranted if (1) the problem severely affected living there, like no toilet, water, electricity, or gas, and (2) the problem were one which could be quickly fixed by available and qualified workers.

Under Los Angeles' rent control, the landlord CAN require the tenant to move temporarily, but only if the landlord finds and pays in advance for the hotel or other temporary accommodations, food, and incidental expenses, and the tenants have a defined return time.

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Anaheim California Letter from Landlord to Tenant for Failure to use electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities in a reasonable manner