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Old 12-26-2009, 07:54 PM
  # 29 (permalink)  
sfgirl
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Join Date: Sep 2008
Location: San Francisco, CA
Posts: 679
In SF this would never in a million years fly because tenants rights are so important. I think generally the tenant has more rights than the landlord although certainly certain states give more favor than others. Here are some links to the state law. I probably wouldn't go anywhere if I were you come Jan 1 because it doesn't even seem like your landlord gave you legal notice. You might want to go down to your city hall and talk to the people there about it too. Good luck!!


so pretty sure text-message legally does not count as "notice":
70-24-108. What constitutes notice.

landlord's obligations to maintain premises including water and heat:
70-24-303. Landlord to maintain premises -- agreement that tenant perform duties -- limitation of landlord's liability for failure of smoke detector or carbon monoxide detector.

failure of landlord to maintain premises-tenant remedies:
70-24-406. Failure of landlord to maintain premises -- tenant's remedies.
70-24-408. Purposeful or negligent failure to provide essential services -- tenant's remedies.

70-24-411. Unlawful ouster, exclusion, or diminution of service -- tenant's remedies.
70-24-411. Unlawful ouster, exclusion, or diminution of service -- tenant's remedies. If a landlord unlawfully removes or excludes the tenant from the premises or purposefully diminishes services to the tenant by interrupting or causing the interruption of heat, running water, hot water, electricity, gas, or other essential services, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than 3 months' periodic rent or treble damages, whichever is greater. If the rental agreement is terminated, the landlord shall return all security recoverable pursuant to chapter 25 of this title and all prepaid rent.
70-24-431. Retaliatory conduct by landlord prohibited.
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