Choose an Expert

Choose an Expert

Fast, affordable, 1-on-1 assistance

As low as $19
Fast, affordable, 1-on-1 assistance
Lawyer

Ask your own question to a Lawyer online now

As low as $19

Lawyers

Does the city of sacramento has a regulation...

Resolved • Response time 2 minutes

3 Aug 2021

Does the city of sacramento has a regulation that the landlord has to provide air conditioner and heater to tenants?
Read Less

3 Aug 2021

Ask your own question
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Hello! Thanks so much for requesting me!

Is there no central air at all?

3 Aug 2021
Customer reply
3 Aug 2021
There is but it's an old one. And tenant wants a new ac system installed.
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Thanks! How is the old one performing? You may have to bring me up to speed?

3 Aug 2021
Customer reply
3 Aug 2021
I'm not the orginal owner of the unit. My guess maybe 20 to 30 years old. It blows the cold air but not very efficient and may takes a long time to cool.
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Understood! So you're just wondering what it is you can do here, correct?

3 Aug 2021
Customer reply
3 Aug 2021
It's very expensive to put in a new ac. costs $10k to $15k.
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

I see! Have you had an HVAC tech come to assess the situation at all?

3 Aug 2021
Customer reply
3 Aug 2021
Also want to find out if it's required by the rental regulation. I've heard from other landlord it's not required in Sac.
3 Aug 2021
Customer reply
3 Aug 2021
I did. He said it nothing wrong just not efficient. He tested the airflow and temp.
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Sure thing!

So city law doesn't require it, but state law would.

Section 1941.1 and various cases generally require that the property repairs be done. This means that any landlord in the state would have to repair the HVAC unit. Particularly in Sacramento where temps can reach over 100 degrees in the summer, it would make the unit uninhabitable.

3 Aug 2021
Customer reply
3 Aug 2021
But there is nothing to be repaired. The is enough freon and ac is running. If the unit is uninhabitale so I can just ask tenants to move. Correct? Is city law previal or is the state law?
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

I hear you! But you'd have to ask if you'd be comfortable living in a place where the HVAC takes forever to get started and is on its last leg. I would also want you to consider how you'd explain to a judge that you didn't like how much it cost so you left the place hotter than it should have been. It may not be worth the risk, you know?

There is no city law specifically requiring this, but in my experience as a CA landlord -tenant attorney, it may be worth your while to try to offer them money to leave so you can buy time to get it fixed.

3 Aug 2021
Customer reply
3 Aug 2021
What if they don't want to move? Cause the rent I charge is about 25% less.
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Sure thing; if they don't want to move, ask them what it'll take to get them to move or just don't renew the rental agreement when it's time.

3 Aug 2021
Customer reply
3 Aug 2021
how much should I offer? The lease agreement was one year after that is month to month.. It's 3 years passed. So they are on month to month rent.
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Sure! I can't recommend a specific amount of money, and it's up to your tenants to decide what they feel is fair. But as a rule of thumb, consider at least one month's rent.

3 Aug 2021
Customer reply
3 Aug 2021
OK. Or since they are on month to month lease, I may just give them 30 days notice to vacate. Do I have to give any reasons?
3 Aug 2021
Customer reply
3 Aug 2021
Is it 30 days or 60 days notice?
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Sure thing. Longer than one year - 60 days. Less than a year on the property - 30 days.

3 Aug 2021
Customer reply
3 Aug 2021
good to know. Do I need any legal / good reason to terminate the rental agreement?
3 Aug 2021
Customer reply
3 Aug 2021
Is my old lease terms still valid even I did not renew it?
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

You won't need a reason to terminate the rental agreement. The old lease expired so it's not enforceable anymore.

3 Aug 2021
Customer reply
3 Aug 2021
Not even anything enforceable? What about property damages, rental deposit., unpaid utilities...etc.
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

I hear you. You could still charge them for damages to the property, but the lease expired, so you can't enforce those terms.

3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Why are you concerned about enforcing the lease at this stage?

3 Aug 2021
Customer reply
3 Aug 2021
I thought if a one year lease expired it automatic goes into month by month. My friend help me to use the CAR lease form. That's she told me. Are you familier with the CAR form?
3 Aug 2021
Lawyer's response
3 Aug 2021
Legal Eagle
Legal Eagle
Attorney

I hear you. Yes, I am a CA landlord-tenant attorney. The tenancy flips to a month-to-month agreement, but that doesn't mean the lease terms are enforceable. Unless your specific CAR form says that the terms are enforceable even after the lease is up, the lease isn't enforceable thereafter.

3 Aug 2021
Customer reply
3 Aug 2021
I see. Do you have a good lease form you may email me?
3 Aug 2021
Lawyer's response
4 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Sure! You can just use the basic CAR form below. - https://sauwingcom.files.wordpress.com/2020/02/residential-rental-landlord-package.pdf You can start on page 3 with it.

4 Aug 2021
Customer reply
4 Aug 2021
Thanks so much. got the form.
4 Aug 2021
Lawyer's response
4 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Excellent! Did you have any other questions for me today?

4 Aug 2021
Customer reply
4 Aug 2021
Do you know a bankruptcy attorney I can ask questions?
4 Aug 2021
Lawyer's response
4 Aug 2021
Legal Eagle
Legal Eagle
Attorney

Sure! My recommendation is to just post those questions to the main question queue. We handle bankruptcy questions all the time.

4 Aug 2021
Customer reply
4 Aug 2021
Thanks for your help.
4 Aug 2021
Lawyer's response
4 Aug 2021
Legal Eagle
Legal Eagle

You bet! Thank you (AGAIN) for trusting JustAnswer with your question.

If you have any additional concerns or need me to clarify anything, please let me know. I am happy to help.

My name is ***** ***** I go by Legal Eagle on this site.  Once you log back in, you can go to the “My Questions” page, and you’ll see our conversation. There, you will have a chance to “Request Legal Eagle”.  Type in your question, and it comes to me. You can also click the link below. https://www.justanswer.com/law/expert-dmwesq/

In the meantime:

You can save me as a favorite if you would like.

Tips of course are never required, but always appreciated.

Tell your friends about justanswer.com

Customer rating:
Legal Eagle
Legal Eagle
Attorney
Avg. question only $36
Licensed to practice before state and federal court
4 Aug 2021
Your question matters. Legal Eagle and 11 other Lawyers are ready to help. Ask your own question

Ask your own question to a Lawyer online now

  • 100% money-back guarantee
  • Prices start as low as $19
  • Join 8.5 million satisfied customers
Conversations are covered by our Disclaimer.