My rent is fixed each month to include all utilities. I have not been getting any heat for about the past 3 weeks in my bedroom but have been in the other rooms of my apartment every now and then but not enough to heat the whole place. I had told my landlord about it when it started and then again when it had no been fixed. Am i able to withhold some of my rent for the times that i have no been getting heat? Or can i not do anything about it?
Thanks!!
2007-03-05 08:48:56 · 10 answers · asked by starlight_princess20 2 in Business & Finance ➔ Renting & Real Estate
I would continue to pay rent, to protect yourself. But you should definite get legal advise from the housing authority in your city or a lawyer. I am sure you can get some sort of re-numeration. But just remember, if you want to keep living there, think before you take any action. Will your landlord treat you better or worse after you sue him?
2007-03-05 08:55:21 · answer #1 · answered by Matthew M 3 · 1⤊ 1⤋
If the heat is not being maintained properly than this is a form of constructive eviction and a health/safety issue. You need to phone the landlord and follow up with a written letter sent certified mail, return receipt to show proof of mailing detailing the problems IMMEDIATELY. If you have minors or children then restate that in the letter. Should you have to go to court this would be an aggravating factor the judge will look at.
While the landlord has a duty to maintain an adequate temperature, unless there is a special provision in your lease or state law you will need to go to court or "escrow" the portion of the rent with the local court not just stop paying rent. You can go to www.findlaw.com or look up your state code to see what the procedures are for withholding rent. This is very explicit in most states. Usually you pay the rent unto the Court and then you have to give notice to the landlord. If you withhold impromperly you can be evicted for non-payment of rent. Sometimes the local bar association in the city or county where you live has pamplets on landlord tenant laws summarized. Or call a local law librarian and see what assistance they can offer on landlord tenant laws.
I would give the landlord a deadline, like 48 hours after receiving the letter to repair the situation. You may want to copy the letter to the health department.
Another suggestion when you call the landlord is to offer to pay for the heat being repaired (since this is a major inconvenience) and deducting the cost of the service call or when the technician comes out, he can authorize the repair on the spot and charge the landlord. At least you take control move towards determining why the heat is out.
Hopefully you can work this out but give the landlord notice verbally and in writing.
Good luck
2007-03-05 17:15:42 · answer #2 · answered by teenriodoll 3 · 0⤊ 1⤋
What you can do is call the housing inspector or heat hotline in your area and they will come out and take the temp in your unit and write up a fine and/or violation for your landlord and make him fix it.
You cannot prove constructive eviction without ongoing documentation like this. And telling your lndlord does not count. You need to document the situation in writing, and even then they are allowed a reasonable amount of time to correct the situation.
No heat in one room is not enough to do a constructive eviction. That is something reserved for much more serious defects, like no heat at all for a couple of weeks.
What you can do is buy a little electric heater for $20 and start calling the inspector to make a complaint if your landlord does not respond to your certified mail.
A lot of people don't realize that landlords do not have a duty to make sure everything is 100% perfect all of the time. They have a duty to correct after being notified, and they have a reasonable time frame to do it in. Constructive eviction is not "something isn't working properly so I'm outta here and I'm going to claim constructive eviction". It just doesn't work that way.
2007-03-05 20:21:39 · answer #3 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
You have admitted that you have heat. So it IS on. Maybe just not warm enough to your liking. First of all, get an outdoor thermometer and put it in the house. Put it on a wall away from the heat registers at about eye level. Give it a day to register. Now, depending on your state, if it reads 65 degrees or less, then the heat is set too low. If it reads above 65 degrees, then you are fine and there is nothing you can do. Landlords providing heat have guidelines they need to follow. One of those guidelines is temperature levels. Most states follow what I have stated above.
The only thing that is going to happen if you withhold your rent is to have late fees applied and a possible eviction. If he is in the allowable degrees, then put on a sweater and put an extra blanket on the bed, because there is truly nothing you can do. Except live with it or move.
2007-03-06 12:06:09 · answer #4 · answered by kimmamarie 5 · 0⤊ 0⤋
I live in Chicago, and the Landlord must maintain a temperature of no less than 67 degrees from Nov 1 to April 1, I would not withhold any rent, 2 wrongs don't make a right. I would contact your Landlord in writing and carbon copy you city Department of housing city inspectors love slumlords. Good luck
2007-03-05 17:01:45 · answer #5 · answered by Sean O 2 · 1⤊ 1⤋
I think you should keep paying the rent, personally. It looks to me like this man has no respect for you at all. I say, if you can't get his attention through words, make him feel it in the wallet. Blast the a.c. (all of them) all day even when not at home. I mean full blast, hottest / coldest setting possible. When the electric bill comes, you can be sure he will notice a change in it. Just to yank his chain a little extra, leave a window slightly open so it runs all the time. This may sound devious, but sometimes you need to be not-so-nice to get the attention of scumbag people who don't care about you.
Ps..If that doesn't work, make sure you play your stereo loud when you are not at home, preferably on repeat of a sad, country song or rap tune.
2007-03-05 17:23:05 · answer #6 · answered by mongo1611 2 · 0⤊ 1⤋
You should continue to pay the rent, but keep after the landlord to make the repairs. Like the previous one said, Breach of Contract. But if you withhold the rent you have breached your side of it as well, you don't need Unclean Hands.
2007-03-05 16:56:32 · answer #7 · answered by Amy V 4 · 0⤊ 1⤋
There is a principle called constructive eviction that basically says: If your landlord is not holding up his end of the rental agreement (such as neglecting something as important as heating in your unit), he's breaking your lease. You are allowed to move out without being penalized.
Of course, you might want to get more specific details on constructive eviction from an attorney!
2007-03-05 16:55:11 · answer #8 · answered by indiana_darlin 2 · 0⤊ 1⤋
in addition to the great suggestions already made, make ALL requests in writing and keep copies (aka, print one for them, one for you). Make requests every 48 hours (a reasonable amount of time for repairs).
AT A MINIMUM, do this until you decide if you can get an attorney or if you can get your landlord to get on your page.
GOOD luck!!!
2007-03-05 17:03:42 · answer #9 · answered by austin_texan 3 · 1⤊ 1⤋
it's a breach of contract , you can sue the krappper out of your landlord ... sue him/her!
2007-03-05 16:52:46 · answer #10 · answered by WO LEE 4 · 0⤊ 2⤋