Im renting a home and the fire place may or may not be working. The Landlord says he cleaned the fireplace (swept up the ashes) However if I want to use it I am responsible for paying a chimney cleaning company because he has provided a new furnace.
I think that I am responsible for the continued use of the fireplace. It is in his best intrest to have a professional clean it before I move in. I have never used it so why should I have to pay for it. Who's right and what might the law say about this?
2007-12-30 22:54:47 · 5 answers · asked by Black Snow Hates Yahoo 4 in Business & Finance ➔ Renting & Real Estate
Both of the previous answers are correct. It is not needed for functionality or heat. It's a nice feature you would like to use.
in a situation like this, see if it is addressed in your lease. if it states that use of the fireplace is included then I would say the responsibility falls on the landlord because of the wording "use of the fireplace" and in its present state it is unusable.
If in the lease it states anywhere that maintenance of the fireplace falls on the tenant, r if there is no mention of a fireplace at all then I would say it is up to you to decide if you want to use it enough to get teh chimney swept.
Look at it this way, suppose you had a hammock out back. One of the trees that the hammock is attached to is dying. the landlord cuts the tree down, thereby removing the hammock from the property. If the lease states something to the effect "use of the grounds, hammock...." then he has to get the hammock back up for you. If there is no mention of a hammock he can take it down.
2007-12-30 23:48:36 · answer #1 · answered by Patrick 5 · 1⤊ 0⤋
The landlord is responsible for the maintenance of the unit and if a fireplace is located inside the unit, then they are responsible for it's maintenance. If the unit should burn down due a fireplace issue, who stands to gain from the rebuilding?
You could also check with the city as to maintenance records of this building and it's fireplaces. It will tell you the last time a permit was pulled for repairs. As for you using it, I wouldn't until the landlord can demonstrate he has taken proper care of the fireplace and had it cleaned on a regular basis. I wouldn't use it until you have that.
2007-12-31 01:14:45 · answer #2 · answered by Anonymous · 1⤊ 1⤋
It all depends on the language in your lease.
You don't NEED to use that fireplace. You WANT to use that fireplace.
In my opinion, IF you use it and there is smoke damage to the property, it's YOUR responsibility to do the necessary clean-up of the soot and smoke damage.
Thanks for asking your Q! I enjoyed answering it!
VTY,
Ron Berue
Yes, that is my real last name!
2007-12-30 23:10:21 · answer #3 · answered by Ron Berue 6 · 2⤊ 0⤋
The law says nothing about a working fireplace in a rental, as long as the fireplace is not the source of heat provided for heating the premises. In this case, the fireplace is an amenity which COULD be used, if you want to use it, but at your own expense.
Think of it along the lines of a central air conditioning unit. It's there IF you want to use it, but you're going to pay for the electricity to run it.
All that being said, if you have even a modicum of functioning gray matter, you won't use that fireplace until you've had it cleaned.
2007-12-30 23:04:13 · answer #4 · answered by acermill 7 · 2⤊ 0⤋
slightly the two, i might think of. it may be first rate if the previous guy or woman to apply the gadget ought to reset the settings to 'ordinary', even even though it is likewise the duty of the subsequent guy or woman to apply it to verify and ensure each thing is the place it desires to be. changing a putting on a washing gadget or dryer in basic terms takes 5 seconds in case you make the hardship to observe it desires doing.
2016-12-18 13:16:10 · answer #5 · answered by fuchser 4 · 0⤊ 0⤋