This form is used by a tenant to inform the landlord of a problem with the lease premises, specifically failure of the heating system. With this form, the tenant notifies the landlord that he/she/it has breached the statutory duty to maintain the property in tenantable condition and demands that immediate repairs be made.
[Your Name] [Your Address] [City, State, ZIP] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP] Subject: Notice of Broken, Unsafe or Inadequate Heater and Demand for Immediate Remedy Dear [Landlord's Name], I hope this letter finds you well. I am writing to bring a concerning issue to your attention regarding the heater in my rental property located at [Your Address], Santa Ana, California. This letter serves as formal notice that the heater is broken, unsafe, and inadequate, which requires immediate attention and remedy. As you may be aware, California law mandates that landlords provide habitable living conditions for their tenants, including functional heating systems. According to the Civil Code §1941.1, a landlord is responsible for ensuring that heating systems are maintained in good working order, safe, and capable of adequately heating the premises. Unfortunately, I have noticed a range of problems with the heater in my unit, making it essential for you to take swift action to remedy the situation. Below, I have outlined the specific issues and hazards I have encountered: 1. Inoperable/Non-functioning Heater: The heater fails to produce any heat despite multiple attempts to adjust the settings and follow proper operating procedures. This renders the unit insufficient for warming the living space adequately, especially during the colder months. 2. Safety Hazards: Beyond its non-functionality, the heater poses potential safety concerns. Specifically, I have detected a strong odor of natural gas emanating from the unit. This odor indicates a potential gas leak, which poses a significant risk to my personal safety and the safety of other occupants in the building. 3. Inadequate Heating Capacity: Even when operational, the heater fails to adequately heat the unit, resulting in an uncomfortable living environment. The inadequate heating capacity forces me to rely on additional space heaters, leading to increased energy consumption and higher electricity bills. Considering the gravity and urgency of the situation, I kindly demand that you promptly address and rectify these issues to ensure my safety and well-being as your tenant. I request the following actions be taken: 1. Swift Repair or Replacement: Arrange for a licensed and qualified technician to inspect, repair, or replace the broken heater unit within five (5) business days from the receipt of this notice. 2. Gas Leak Inspection: Arrange for a licensed professional to conduct a thorough inspection of the heating system to detect and resolve any gas leaks promptly. 3. Compensation for Additional Expenses: Due to the lack of proper heating, I have incurred additional expenses in purchasing and operating supplementary space heaters. I kindly request reimbursement for these extra costs incurred. Failure to address these concerns promptly would force me to seek legal remedies available to tenants under California law, such as withholding rent, deducting repair costs from future rent, or even terminating the lease agreement if necessary. To ensure proper documentation and for the sake of transparency, I kindly request that you acknowledge receipt of this letter by signing and returning the enclosed copy. Additionally, please include a written response outlining the corrective measures to be taken. I trust that you will swiftly take the necessary steps to resolve these issues, ensuring the habitability and safety of my rental unit. I appreciate your prompt attention and cooperation in this matter. Thank you for your immediate action. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP] Subject: Notice of Broken, Unsafe or Inadequate Heater and Demand for Immediate Remedy Dear [Landlord's Name], I hope this letter finds you well. I am writing to bring a concerning issue to your attention regarding the heater in my rental property located at [Your Address], Santa Ana, California. This letter serves as formal notice that the heater is broken, unsafe, and inadequate, which requires immediate attention and remedy. As you may be aware, California law mandates that landlords provide habitable living conditions for their tenants, including functional heating systems. According to the Civil Code §1941.1, a landlord is responsible for ensuring that heating systems are maintained in good working order, safe, and capable of adequately heating the premises. Unfortunately, I have noticed a range of problems with the heater in my unit, making it essential for you to take swift action to remedy the situation. Below, I have outlined the specific issues and hazards I have encountered: 1. Inoperable/Non-functioning Heater: The heater fails to produce any heat despite multiple attempts to adjust the settings and follow proper operating procedures. This renders the unit insufficient for warming the living space adequately, especially during the colder months. 2. Safety Hazards: Beyond its non-functionality, the heater poses potential safety concerns. Specifically, I have detected a strong odor of natural gas emanating from the unit. This odor indicates a potential gas leak, which poses a significant risk to my personal safety and the safety of other occupants in the building. 3. Inadequate Heating Capacity: Even when operational, the heater fails to adequately heat the unit, resulting in an uncomfortable living environment. The inadequate heating capacity forces me to rely on additional space heaters, leading to increased energy consumption and higher electricity bills. Considering the gravity and urgency of the situation, I kindly demand that you promptly address and rectify these issues to ensure my safety and well-being as your tenant. I request the following actions be taken: 1. Swift Repair or Replacement: Arrange for a licensed and qualified technician to inspect, repair, or replace the broken heater unit within five (5) business days from the receipt of this notice. 2. Gas Leak Inspection: Arrange for a licensed professional to conduct a thorough inspection of the heating system to detect and resolve any gas leaks promptly. 3. Compensation for Additional Expenses: Due to the lack of proper heating, I have incurred additional expenses in purchasing and operating supplementary space heaters. I kindly request reimbursement for these extra costs incurred. Failure to address these concerns promptly would force me to seek legal remedies available to tenants under California law, such as withholding rent, deducting repair costs from future rent, or even terminating the lease agreement if necessary. To ensure proper documentation and for the sake of transparency, I kindly request that you acknowledge receipt of this letter by signing and returning the enclosed copy. Additionally, please include a written response outlining the corrective measures to be taken. I trust that you will swiftly take the necessary steps to resolve these issues, ensuring the habitability and safety of my rental unit. I appreciate your prompt attention and cooperation in this matter. Thank you for your immediate action. Sincerely, [Your Name]
