We installed a furnace, lp tank, and lines to house. NO HEATING SOURCE IN HOUSE FOR WINTER!!!!!!!! Can we charge the landlord for installation fees
2007-12-01 07:31:35 · 7 answers · asked by Peggy M 1 in Business & Finance ➔ Renting & Real Estate
The state already requires to install a heating source and he still hasnt and this happened in the summer its now winter and wisconsin winters are cold. This house should of been condemed but we fixed some of it up and he paid then. Now we need heat and the woodstove was ripped out per the building inspectors code of not being up to it.
2007-12-01 13:34:00 · update #1
In virtually all states, residential properties must have adequate heating facilities. What's adequate depends upon the climate -- a single wall furnace may be fine in southern CA whereas central heating of some type or direct-vented space heaters in every room would be required in WI.
If the property was not in compliance with building codes for human habitation the LL is responsible for the costs. However you probably cannot withhold the cost from your rent without the LL's concurrence. A few states allow repair and deduct under limited circumstances but most view it as two separate issues. If you cannot repair and deduct, you can sue the LL for the cost of bring the unit into compliance with the building codes.
2007-12-01 07:48:43 · answer #1 · answered by Bostonian In MO 7 · 1⤊ 2⤋
How interesting. You moved into a house with no heating system? A house that should have been condemned, and you're paying rent?
Please! Come see me! I have some properties you might be interested in!
You didn't say what state you were in so I can't give you specifics. I can tell you that in MY state, the landlord MUST provide adequate heating facilities, and he has only so many days to comply, or attempt to comply.
Your choices are simple.
(1) Move. No heat means no rental agreement.
(2) Withhold rent and freeze. In my state, you can withhold rent.
(3) In other states, you can withhold rent and replace furnace. What an awful risk you are taking, though.
If you're even considering #3, you should forget about it and do #1. Get out. Now.
You have fre legal aid in your location, I just know it. Consult them and find out the correct path to take. A misstep here can result in years of financial misery for you.
2007-12-02 01:18:57 · answer #2 · answered by Sagebrush Kid 4 · 0⤊ 0⤋
I am a landlord. I cannot imagine a landlord renting a house without a source of heat.
The law with respect to your rights as a tenant vary from state to state, county to county and city to city in The United States.
I recommend that you contact an attorney who specializes in landlord tenant law in your local area. Tell your attorney what you have told us.
Often a letter fromm an attorney will resolve issues such as this. I recommend that you have your attorney write your landlord a letter which outlines a landlord's responsibilities to his tenants.
The letter may resolve the matter. If the letter does not resolve the matter, I recommend that you ask your attorney for his advice based on the law of the jurisdiction where you live.
2007-12-01 10:27:20 · answer #3 · answered by Anonymous · 2⤊ 0⤋
You can not charge your landlord for this. Who were to decide what should be installed on their property? The lp tank requires tons of permits and may not even be legal where you are.
As far as the legalities of a heat source, they vary by county, but most require them. A fireplace meets the legal requirement.
But, even without a fireplace, furnace, floor heater, etc, you were not within your legal rights to install anything at all and the landlord has no obligation to pay for those items.
Unfortunately for you it is also now illegal for you to remove them, they became his legal property at installation.
2007-12-01 08:20:14 · answer #4 · answered by Anonymous · 2⤊ 1⤋
Building codes require that all dwellings have heaters.
The property owner is required to provide a heating system in the bedrooms and living areas.
The local building department would not have approved the construction of this facility without a heating system.
One has the right to move out if the dwelling is not habitable or heated.
2007-12-01 07:48:24 · answer #5 · answered by red riter 5 · 1⤊ 0⤋
In the state of California it IS legal to withhold monies spent on repairs from your rent payment if the landlord refuses to pay. As far as other states, I could not tell you.
2007-12-01 08:50:08 · answer #6 · answered by tom_gpp 5 · 0⤊ 0⤋
Did you get your landlord's permission before doing the alterations? Did the landlord agree to reimburse you for the changes? If you didn't get permission before hand he could actually sue you. Is it in your lease contract that you must pay for repairs without reimbursement?
2007-12-01 07:40:44 · answer #7 · answered by mocristy 5 · 1⤊ 1⤋