This form is used by a tenant to inform the landlord of a problem with the lease premises, specifically a leak in the roof. With this form, the tenant makes a request for repair pursuant to the lease.
Title: San Jose, California Letter from Tenant to Landlord: Notice of Premises Leaking During Rain and Demand for Repair I. Introduction Greetings [Landlord's Name], I hope this letter finds you well. I am writing to formally notify you of an ongoing issue with water leakage within my rented premises during rainfall. As per our rental agreement and the provisions of California tenant law, I kindly request your immediate attention and prompt repair of this matter. II. Overview of the Problem 1. Description of Leakage: Describe the specific problems encountered during rainfall, such as ceiling leaks, water seepage through windows or walls, dampness/mold growth, or any other related issues affecting the habitability and safety of the rented premises. 2. Extent and Frequency of Leakage: Provide details regarding the frequency of leaks, the areas affected, and the severity of the damage caused by the leakage. Include specific examples and dates of incidents, if applicable, to further emphasize the urgency of the situation. III. Legal and Contractual Framework 1. Referencing the Rental Agreement: Mention the specific clauses in the rental agreement that guarantee a habitable living space and place an obligation on the landlord to maintain the premises in good repair. Cite relevant sections and paragraphs that highlight the landlord's responsibility to address issues related to water leaks and their potential consequences. 2. Relevant California Tenant Laws: Highlight key provisions in California state law, such as the Warranty of Habitability (Civil Code §1941.1), which imposes a duty on landlords to provide and maintain livable and safe rental units. Mention the code section that covers the repair and maintenance obligations of landlords, emphasizing the importance of prompt resolution. IV. Request for Immediate Repairs 1. Repair Demand: Clearly state your expectation for the landlord to address the leakage issue promptly. Request that necessary repairs be carried out within a specific timeframe, typically within 14 days, as specified by California law, to ensure compliance with legal requirements. 2. Repair Responsibility: Emphasize that the responsibility to repair the premises lies solely with the landlord. Outline that as a tenant, you expect the repairs to be conducted professionally and by qualified contractors, ensuring the elimination of the source of the leak and adequate remediation of any resulting damage. 3. Potential Consequences: In accordance with California tenant law, remind the landlord that his or her failure to address the leakage issue within the specified timeframe may result in a breach of the rental agreement, which may entitle the tenant to various remedies, such as rent reduction, withholding rent, pursuing legal action, or terminating the lease altogether. V. Conclusion and Contact Information Thank the landlord for their attention to this matter and express hope for prompt resolutions of the issues at hand. Encourage open communication and provide your preferred contact information for any further discussions or updates regarding the repairs needed. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] Note: The type of letter described above is generally referred to as a "Notice of Premises Leaking During Rain and Demand for Repair." Different names may be used, but the content and purpose of the letter remain the same: notifying the landlord of a leakage issue, emphasizing their responsibility and necessary repairs, and citing relevant legal provisions for urgency.Title: San Jose, California Letter from Tenant to Landlord: Notice of Premises Leaking During Rain and Demand for Repair I. Introduction Greetings [Landlord's Name], I hope this letter finds you well. I am writing to formally notify you of an ongoing issue with water leakage within my rented premises during rainfall. As per our rental agreement and the provisions of California tenant law, I kindly request your immediate attention and prompt repair of this matter. II. Overview of the Problem 1. Description of Leakage: Describe the specific problems encountered during rainfall, such as ceiling leaks, water seepage through windows or walls, dampness/mold growth, or any other related issues affecting the habitability and safety of the rented premises. 2. Extent and Frequency of Leakage: Provide details regarding the frequency of leaks, the areas affected, and the severity of the damage caused by the leakage. Include specific examples and dates of incidents, if applicable, to further emphasize the urgency of the situation. III. Legal and Contractual Framework 1. Referencing the Rental Agreement: Mention the specific clauses in the rental agreement that guarantee a habitable living space and place an obligation on the landlord to maintain the premises in good repair. Cite relevant sections and paragraphs that highlight the landlord's responsibility to address issues related to water leaks and their potential consequences. 2. Relevant California Tenant Laws: Highlight key provisions in California state law, such as the Warranty of Habitability (Civil Code §1941.1), which imposes a duty on landlords to provide and maintain livable and safe rental units. Mention the code section that covers the repair and maintenance obligations of landlords, emphasizing the importance of prompt resolution. IV. Request for Immediate Repairs 1. Repair Demand: Clearly state your expectation for the landlord to address the leakage issue promptly. Request that necessary repairs be carried out within a specific timeframe, typically within 14 days, as specified by California law, to ensure compliance with legal requirements. 2. Repair Responsibility: Emphasize that the responsibility to repair the premises lies solely with the landlord. Outline that as a tenant, you expect the repairs to be conducted professionally and by qualified contractors, ensuring the elimination of the source of the leak and adequate remediation of any resulting damage. 3. Potential Consequences: In accordance with California tenant law, remind the landlord that his or her failure to address the leakage issue within the specified timeframe may result in a breach of the rental agreement, which may entitle the tenant to various remedies, such as rent reduction, withholding rent, pursuing legal action, or terminating the lease altogether. V. Conclusion and Contact Information Thank the landlord for their attention to this matter and express hope for prompt resolutions of the issues at hand. Encourage open communication and provide your preferred contact information for any further discussions or updates regarding the repairs needed. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] Note: The type of letter described above is generally referred to as a "Notice of Premises Leaking During Rain and Demand for Repair." Different names may be used, but the content and purpose of the letter remain the same: notifying the landlord of a leakage issue, emphasizing their responsibility and necessary repairs, and citing relevant legal provisions for urgency.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
