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 Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Subject: Notice of Broken, Unsafe, or Inadequate Heater — Demand for Immediate Remedy Dear [Landlord's Name], I hope this letter finds you well. I am writing to bring to your attention a serious issue regarding the heating system in my rental property, located at [Rental Property Address], Santa Clara, California. The purpose of this letter is to provide notice that the heater is broken, presenting safety hazards, and inadequate to maintain proper heat within the premises, and to demand an immediate remedy to rectify this situation. 1. Broken Heater: Since [exact date when heater malfunctioned], the heating system has stopped functioning entirely. I have tried resetting the thermostat, replacing batteries, and ensuring that all relevant switches are on, but unfortunately, these attempts have not resolved the issue. As a result, I have been subjected to extremely uncomfortable conditions during both daytime and nighttime, adversely affecting my health and well-being. 2. Safety Hazards: Furthermore, the broken heater poses significant safety hazards. The lack of adequate heat compromises my ability to maintain a safe and habitable living environment. This situation can lead to various health risks, including but not limited to hypothermia, respiratory illnesses, and potential water pipe freezing, resulting in water damage to the property. 3. Inadequate Heating: Even before the complete breakdown of the heater, I have been experiencing consistent issues with the heating system. The temperature regulation has been highly inconsistent, leading to temperature swings, inadequate warmth, and unbearable cold spells within the premises. This situation creates an unsuitable living environment, which I believe violates the implied warranty of habitability as defined by California law. I kindly request that you take prompt action to address this critical issue. In accordance with the terms of my lease, I am formally demanding the following remedies: 1. Immediate Repair: Arrange for a licensed HVAC professional to inspect and repair the heating system as soon as possible, ensuring it is in proper working condition. Given the urgent nature of this matter, I expect a response and a scheduled repair date within [reasonable timeframe], not to exceed 7 days from the receipt of this notice. 2. Temporary Heating Arrangements: Provide alternative heating arrangements, such as space heaters or other suitable alternatives, until the repairs are completed. It is essential to ensure my comfort and safety during this period of inadequate heating. 3. Compensation for Inconvenience: Due to the discomfort, inconvenience, and potential health risks endured as a result of the broken and inadequate heating, I request a temporary reduction in rent for the affected period, commencing from the date the heating malfunctioned. Please consider this letter as formal notice, in compliance with the terms of my lease agreement and applicable laws, including the California Civil Code Section 1941.1 and the Implied Warranty of Habitability. Failure to address this matter promptly and adequately may result in further legal action to enforce my rights as a tenant. I kindly request that all future correspondence related to this matter be in writing for documentation purposes. Thank you for your immediate attention to this matter. I am hopeful that you will prioritize the resolution of this issue and ensure that my rights as a tenant are respected. Please contact me at the earliest convenience to discuss a mutually agreeable plan for rectifying the broken heating system. Sincerely, [Your Name][Your Name] [Your Address] [City, State, ZIP Code] [Email Address] [Phone Number] [Date] [Landlord's Name] [Landlord's Address] [City, State, ZIP Code] Subject: Notice of Broken, Unsafe, or Inadequate Heater — Demand for Immediate Remedy Dear [Landlord's Name], I hope this letter finds you well. I am writing to bring to your attention a serious issue regarding the heating system in my rental property, located at [Rental Property Address], Santa Clara, California. The purpose of this letter is to provide notice that the heater is broken, presenting safety hazards, and inadequate to maintain proper heat within the premises, and to demand an immediate remedy to rectify this situation. 1. Broken Heater: Since [exact date when heater malfunctioned], the heating system has stopped functioning entirely. I have tried resetting the thermostat, replacing batteries, and ensuring that all relevant switches are on, but unfortunately, these attempts have not resolved the issue. As a result, I have been subjected to extremely uncomfortable conditions during both daytime and nighttime, adversely affecting my health and well-being. 2. Safety Hazards: Furthermore, the broken heater poses significant safety hazards. The lack of adequate heat compromises my ability to maintain a safe and habitable living environment. This situation can lead to various health risks, including but not limited to hypothermia, respiratory illnesses, and potential water pipe freezing, resulting in water damage to the property. 3. Inadequate Heating: Even before the complete breakdown of the heater, I have been experiencing consistent issues with the heating system. The temperature regulation has been highly inconsistent, leading to temperature swings, inadequate warmth, and unbearable cold spells within the premises. This situation creates an unsuitable living environment, which I believe violates the implied warranty of habitability as defined by California law. I kindly request that you take prompt action to address this critical issue. In accordance with the terms of my lease, I am formally demanding the following remedies: 1. Immediate Repair: Arrange for a licensed HVAC professional to inspect and repair the heating system as soon as possible, ensuring it is in proper working condition. Given the urgent nature of this matter, I expect a response and a scheduled repair date within [reasonable timeframe], not to exceed 7 days from the receipt of this notice. 2. Temporary Heating Arrangements: Provide alternative heating arrangements, such as space heaters or other suitable alternatives, until the repairs are completed. It is essential to ensure my comfort and safety during this period of inadequate heating. 3. Compensation for Inconvenience: Due to the discomfort, inconvenience, and potential health risks endured as a result of the broken and inadequate heating, I request a temporary reduction in rent for the affected period, commencing from the date the heating malfunctioned. Please consider this letter as formal notice, in compliance with the terms of my lease agreement and applicable laws, including the California Civil Code Section 1941.1 and the Implied Warranty of Habitability. Failure to address this matter promptly and adequately may result in further legal action to enforce my rights as a tenant. I kindly request that all future correspondence related to this matter be in writing for documentation purposes. Thank you for your immediate attention to this matter. I am hopeful that you will prioritize the resolution of this issue and ensure that my rights as a tenant are respected. Please contact me at the earliest convenience to discuss a mutually agreeable plan for rectifying the broken heating system. Sincerely, [Your Name]
