LL won't make repairs - can I deduct from rent?

Sent my LL a certified letter 3 months ago about 2 needed repairs: 1) casters broken on patio door and it's very difficult to open. I let him know just that and that opening the door was "backbreaking"; and 2) a non-functioning fireplace. The fireplace is gas, and is supposed to have the capability of either burning wood or gas logs. However, it's impossible to burn wood logs because something is wrong with the fireplace and smoke blows back into the house and fills the entire place with smoke (yes, the chute is open). So, the only way to use the fireplace is by burning gas logs, but the fireplace is not set up to do that (the gas pipe needs to be changed and logs need to be bought and installed), which would cost about $300.00. I let him know that and he said he would fix it when it gets "cold". I gave him til Sept. 1, but he hasn't done it. One of the main reasons I leased this townhome was to use the fireplace!

Here's my question:

Since I have been paying for a fireplace now for 10 months that I haven't been able to use, can I send him another certified letter letting him know that since he has not fixed the repairs with ample notice, I will be deducting a reasonable amount from next month's rent to make up for all these months of "non-fireplace use"? Or, for at least for Sept. Oct. Nov (the last 3 moths left of lease)? And deduct the cost for having someone fix the door? Remember, I sent him a certified letter 3 months ago, which by the way he refused to sign for. I followed up with a few emails, and he finally answered via email (stating what I wrote above). I consider these repairs very necessary. I have a physical disability and am straining myself when opening the door. I need the fireplace for the warmth--it's cold downstairs, which makes my muscles hurt even more. I've been paying rent ($2k a month) for these 2 things that aren't working.

This matter is further complicated by the fact that he is foreclosing. Another story in itself. So, it's highly unlikely that he will be repairing these 2 items during the next 2 months.

Please advice and thanks in advance. I appreciate your service.

You may be able to use repair and deuct remedies to repair the door. Please list your state and we can give you the statute for this. This door should be able to operate normally year round.

As for the fireplace, does the lease list a functional fireplace or mention the fireplace at all? Did the ad list a working foreplace? If not, the fireplace may be deemed as decorative only. Many place have fireplaces that are non-functional, having been shut off and made unusable for safety reasons. Perhaps that is what has been done to yours. A working fireplace in a rental is rare for liability reasons. Since you know this one does not work, DO NOT USE IT. You do not want carbon monoxide poison in the home. Too dangerous. If it is listed as functional, send him another certified letter on this to be repaired within 30 days. Fireplaces should be able to work in cold weather, which is fast approaching. If he does not repair within that time, check local law on how to get a rent abatement for the value of the fireplace in the rental. (The value would be determined by the difference in price between yours listed with a fireplace and a comparable one without fireplace in that area.) ASk for a rent abatement for that amount from this month forward (not retroactively).

Thanks for your reply. I live in Southern California.

Yes, the MLS listing for the townhome for rent listed a gas and wood burning fireplace. Don't worry I'm not using it. Only tried it once and that is how I found out about the smoke. I'll take your suggestion about the fireplace and reimbursement from this month forward.

I look forward to your reply.

CA Civil Code 1942 covers repair and deduct remedies. Rent withholding is covered by case law (Green vs. Superior Court, 10 CA 3d 616 (1974), but is normally only used in cases involving uninhabitability of a unit.