i live i perryton texas and it is snowing as we speak. we moved in with the aggreement that we would have heating and a/c. the heating has been broken for over two months. i dont know where to start on getting it repaired legally because they wont fix it..please respond. thank you
2007-01-14 02:23:23 · 6 answers · asked by just_a_lil_blue 2 in Politics & Government ➔ Law & Ethics
First of all, make sure you document it. I'd write a letter (certified preferably) and note how many times you've complained. Then tell the landlord if it is not fixed within one week, you are going to get it fixed and withhold that portion of your rent. You can do that in most states. But be nice about it, unless you want to get a 30-day notice to leave
2007-01-14 03:36:34 · answer #1 · answered by Anonymous · 1⤊ 1⤋
After you have notified the landlord and given him a "reasonable" amount of time, you can either:
1) repair it yourself and deduct the reasonable expense for it from your monthly rent;
2) move out and declare constructive eviction as a defense if the landlord seeks damages. Constructive eviction is used as a defense when the landlord has refused to repair a part of the premise that is necessary to ordinary life; heat would be one good example. The term comes from the idea that even though he did not give you a formal eviction, his refusal to make the premise liveable amounted to him constructively evicting you. However, you should consult an attorney before you try this option.
2007-01-14 10:35:43 · answer #2 · answered by mike225 2 · 2⤊ 1⤋
Check your Texas Landlord Tenant law, you will probably find that you can have the heater repaired or buy one and deduct it from the rent, and if the landlord gives you any crap Texas will be in his/her shorts in a heartbeat... There may also be a public health issue there... all the laws are on your side in this case.
2007-01-14 11:03:55 · answer #3 · answered by Gunny T 6 · 1⤊ 1⤋
My dear, buy a new heater, or get it fixed. Take it off your rent. First write a letter to your landlord telling him you are going to do this. It is legal. Check rent laws at your local library, or put rent laws on your computer search engine and press go.
2007-01-14 10:35:01 · answer #4 · answered by canbarra 2 2 · 1⤊ 1⤋
Every tenant should be given a Landlord's and Tnenat's handbook when moving into a new place. Your rights are out-lined in it. Call the Landlord's and Tenants Commission, he is responsible for maintenace and well-being of his tenants.
2007-01-14 10:32:17 · answer #5 · answered by nuttin'fancy 5 · 1⤊ 1⤋
here, scroll down to the "repairs" section..
hope it helps
2007-01-14 10:33:25 · answer #6 · answered by chumpchange 6 · 1⤊ 0⤋