The landlord failed to provide oil on several occassions leaving us in the deep freeze AND failed to fix a water heater for an entire month. We received a letter from him in May stating that he was no longer going to provide oil for our unit. This was after he left us out in the cold at least four times wihtin the year and a half we lived there (In PA). My lawyer advised that this letter was a breach of contract and to give our 30 day notice advising that he keep the $400 security deposit and get the He_ _ out of there. He is now suing us for unpaid rent and damages that he claims in the house. We took numerous photos and we didn't damage a thing. What logic is this guy going by? Can he beat us in court?
2007-08-03 14:31:26 · 6 answers · asked by kimbrlyar 2 in Business & Finance ➔ Renting & Real Estate
I do know that PA law requires a 6 month advance notice before changing lease/raising rent. He only would have been giving us a 5 month notice.
2007-08-03 14:43:58 · update #1
good job taking the photos -that was a step in the right direction.
did you have a lease or a month to month agreement with him? if you had a lease you are responsible for the remainder of that term.
if it was a month to month, 30 days notice is valid.
take proof into court of the non-oil months (particularly if you paid for it)...
take his letter (that is good proof)
and document each date and also the dates of the non operable water heater (showers must have been cold then) and that is a health code violation.
-also did you keep a copy of your 30 day notice and last payment?
also look in your white pages for Renters Rights Center or REnters Law Center (most big cities have them) they can assist you with questions on the phone for free.
it doesn't sound like he will win....but the law is a funny thing...so check with the renter rights center.
good luck :)
2007-08-04 04:47:12 · answer #1 · answered by Blue October 6 · 0⤊ 1⤋
Report away. If you are required to have the electric service in your name, you are in breach of the lease. You made the rental uninhabitable. I'd evict you just for that. I'd also call social services since NOT having electricity is neglect of your children. The owner has no obligation to leave the service in her name. If you could not get the electric service in your name, you should not have moved in, period. The landlord has every right to inform the electric company of the current tenant's name to prevent fraud. The electric company will not let the service be turned on because you are the legal leaseholder and owe them a balance due. That is their policy. Your mother's name is NOT on the lease, so she cannot have the power turned on in her name. You don't pay the balance due, you don't get service in the future. This is your problem and NOT the landlord's. If the electric is turned on in anyone other than the lease holder's name, then the landlord has just acquired a new tenant, which the landlord does not want. You do not have the right to withhold rent. The landlord is not the one preventing you from getting electric service - the electric company is. Since you owe the electric company money, this whole issue is your fault. The landlord is not required to fix issues which are caused by the tenant. It is a fire/safety/health hazard to run an extension cord from one apartment to another. You put the landlord's property and all other tenants at risk when you did this. If the landlord is paying for the electric for the outside light, you tampered with her electric (and are responsible for the investigation fee) and were stealing power. Common area lights are normally paid by the landlord. Smoke alarm batteries are the tenant's responsibility. The landlord provides the alarm - the tenant provides the batteries. You have a working bathroom which can be used.
2016-05-17 12:01:54 · answer #2 · answered by ? 3 · 0⤊ 0⤋
1
2017-01-21 17:06:51 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Your attorney was wrong, unless your lease went into the coming winter months. The landlord is entitled to give you notice of a coming rent increase at the terminus of your lease.
Your 'rent increase' was paying for your own heating oil. If you terminated your lease agreement ahead of time based upon this letter, you're going to lose in court. You may have a better case with the damages, since you have photographic evidence that you did not damage.
I hope your attorney has E&O insurance. He owes you.
2007-08-03 14:38:21 · answer #4 · answered by acermill 7 · 2⤊ 1⤋
if you can prove that he didnt provide heat before he sent out the letter and that you were with out hot water for a month you have a good shot...but you should figure out what you paid for rent during those times and counter sue him for it...he didnt provide you with heat and hot water which i assume was included in the rent at the time and you are eligible to recoup the loss...
2007-08-03 14:37:03 · answer #5 · answered by tee_girl 3 · 0⤊ 1⤋
In most jurisdictions, the unit being rented must be warranted to be fit for human habitation. I would think that being unheated blows that one.
2007-08-03 14:36:41 · answer #6 · answered by Ted 7 · 0⤊ 1⤋