Is a landlord supposed to provice heat?

Question

The house I rent has gas heat and I moved in with the tank empty. I cant afford to fill the tank.Its just to much of an amount at one time.should he have to fill it then charge me? I live in Oregon

Answer 1

Unless it was addressed in your lease you must provide the heating fuel.

Answer 2

In Oregon, Since it is a neccessity, I would think that the landlord would have to fill the tank with the natural gas or propane, but then he would have to add it in as part of your rent.

Contact your local Fair Housing and simply ask if this matter is on the landlord or on you. Remember though that it is a simple Q and not a complaint per say. They'll be able to answer the Q for you better.

Answer 3

You have to pay for the fuel, one way or another. I would suggest going and talking to your landlord about the situation. Your landlord may agree to fill the tank, then just add a little to your lease payments.

Answer 4

It depends on what the lease says. Usually heat and electricity are the tenant's responsibility to pay for, unless the lease says otherwise.

Answer 5

It depends on the rent agreement. You should read it.
If it doesn't say so then it's your responsibility. Check out gas companies in your area and see if any offer a kind of payment plan.

Answer 6

It depends on what your lease says. Does it say you are responsible for heat and fuel or that he is responsible for it. Some companies will fill it halfway if you ask them.

Answer 7

You have to pay for the propane. It is not the landlords responsibilty. It would like asking your landlord to pay for your electrcity bill if it had electric heaters in advance.

Answer 8

The landlord has to provide the mechanism for a livable space, and in this case he has. You have to pay for the fuel.

Answer 9

Heat is a necessity. Legally a landlord has to fix your heat. Do you mean natural gas? Or, propane?

Now, air conditioning, for example, is a luxury and he wouldn't be obligated to fix that.

Answer 10

In Oregon this is what your Landlord is required to provide as far as habitable living conditions, while he is supposed to provide heat actually filling the propane tank might be questionable.

90.320 Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises. (1) A landlord shall at all times during the tenancy maintain the dwelling unit in a habitable condition. For purposes of this section, a dwelling unit shall be considered unhabitable if it substantially lacks:

(a) Effective waterproofing and weather protection of roof and exterior walls, including windows and doors;

(b) Plumbing facilities which conform to applicable law in effect at the time of installation, and maintained in good working order;

(c) A water supply approved under applicable law, which is:

(A) Under the control of the tenant or landlord and is capable of producing hot and cold running water;

(B) Furnished to appropriate fixtures;

(C) Connected to a sewage disposal system approved under applicable law; and

(D) Maintained so as to provide safe drinking water and to be in good working order to the extent that the system can be controlled by the landlord;

(d) Adequate heating facilities which conform to applicable law at the time of installation and maintained in good working order;

(e) Electrical lighting with wiring and electrical equipment which conform to applicable law at the time of installation and maintained in good working order;

(f) Buildings, grounds and appurtenances at the time of the commencement of the rental agreement in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part safe for normal and reasonably foreseeable uses, clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin;

(g) Except as otherwise provided by local ordinance or by written agreement between the landlord and the tenant, an adequate number of appropriate receptacles for garbage and rubbish in clean condition and good repair at the time of the commencement of the rental agreement, and the landlord shall provide and maintain appropriate serviceable receptacles thereafter and arrange for their removal;

(h) Floors, walls, ceilings, stairways and railings maintained in good repair;

(i) Ventilating, air conditioning and other facilities and appliances, including elevators, maintained in good repair if supplied or required to be supplied by the landlord;

(j) Safety from fire hazards, including a working smoke alarm or smoke detector, with working batteries if solely battery-operated, provided only at the beginning of any new tenancy when the tenant first takes possession of the premises, as provided in ORS 479.270, but not to include the tenant’s testing of the smoke alarm or smoke detector as provided in ORS 90.325 (6); or

(k) Working locks for all dwelling entrance doors, and, unless contrary to applicable law, latches for all windows, by which access may be had to that portion of the premises which the tenant is entitled under the rental agreement to occupy to the exclusion of others and keys for such locks which require keys.

(2) The landlord and tenant may agree in writing that the tenant is to perform specified repairs, maintenance tasks and minor remodeling only if:

(a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord;

(b) The agreement does not diminish the obligations of the landlord to other tenants in the premises; and

(c) The terms and conditions of the agreement are clearly and fairly disclosed and adequate consideration for the agreement is specifically stated.

(3) Any provisions of this section that reasonably apply only to a structure that is used as a home, residence or sleeping place shall not apply to a manufactured dwelling, recreational vehicle or floating home where the tenant owns the manufactured dwelling, recreational vehicle or floating home, rents the space and, in the case of a dwelling or home, the space is not in a facility. Manufactured dwelling or floating home tenancies in which the tenant owns the dwelling or home and rents space in a facility shall be governed by ORS 90.730, not by this section. [Formerly 91.770; 1993 c.369 §6; 1995 c.559 §15; 1997 c.249 §32; 1997 c.577 §17; 1999 c.307 §20; 1999 c.676 §11]