[optimus_prime24]

My landlord has just decided to raise the price of my rent without giving me any written notice. I was told by them April 2 that I owed $ 15 for the months of February and March but never received any notice of this until April 2. I have not paid but they for Feb, Mar, or April, but they insist that I pay the extra for May. They also have failed to repair our central air which I have put maintenance requests in for last September 2002. Instead they put in a window unit that does not work because they said they would not pay the price to fix the central air. Now my heat doesn't work and I have been asking them for 2 weeks to fix it. Is there anything I can do about this and could this be considered breaking my lease?

[unclejohnny]

If you read the posted emergency procedures at the office, heat going out is NOT considered an emergency, at least not where I am, unless there are elderly people or children living in the apartment. But the lease should state that landlord is responsible to provide adequate hot water, heating and cooling, and running water. If they do not do this, it's 1. violation of health code because no heat means you could get very sick and/or die; 2. breach of their terms of the lease and you have the right to give them a notice that if they do not fix the problem within a certain amount of time, you will move out and you can also initiate civil court actions in some places. I'm having problems with my landlord trespassing. Hope this helps, look up your states landlord tenant laws, use Google.

[mr.yet]

Read your lease ,see if there is any reference to your claim. Your lease is a contract, use it.

[ScottGem]

As Mr Yet pointed your lease is a contract. If you are operating under a lease, the landlord has no right to raise the rent unless there is a provision in the lease to allow it. Its possible there is a provision for a fuel surcharge and that may be what they are adding. In any event, then need to make sure they provide reasonable notice of the increase.

As for not providing A/C, that could depend on where you live, whether the A/C was working when you moved in and whether it was advertised as an amenity of the building.

Bottom line here is you need to go either to either an attorney or a local tenants advocate group to determine what your rights are.

[Hypatia]

I think you might be able to put your rent into an escrow account until your issues are fixed as in the A/c etc. Check with a local lawyer. Some will offer free advice if you call the proper offices.

Hypatia

[excon]

Hello optimus:

If you have a lease in effect, the landlord cannot raise the rent - even WITH notice. If he CAN raise the rent, what is the purpose of a lease?? If you did enter into a lease when you moved in, and it has expired, you are a month to month tenant and are not operating under any lease. Therefore, the landlord CAN raise your rent, but only upon proper notice. Proper notice depends upon your state's particular landlord/tenant laws, but it's probably 30 days. You may be able to find your states laws at rentlaw.com

The good news is, you can move, and I absolutely would.

excon

[RickJ]

My landlord has just decided to raise the price of my rent without giving me any written notice. I was told by them April 2 that I owed $ 15 for the months of February and March but never received any notice of this until April 2. I have not paid but they for Feb, Mar, or April, but they insist that I pay the extra for May. They also have failed to repair our central air which I have put maintenance requests in for last September 2002. Instead they put in a window unit that does not work because they said they would not pay the price to fix the central air. Now my heat doesnt work and I have been asking them for 2 weeks to fix it. Is there anything i can do about this and could this be considered breaking my lease?

It's not ALL about the Lease, as some leases contain unenforceable terms. It is likely that written notice of at least 30-days is required by your state law for the landlord to raise the rent.

As for the heat and a/c, call the courthouse and ask them how to deposit rent money due to the landlord not making repairs. That will get him moving.

[excon]

Hello again:

Below is from my state’s landlord/tenant law. Although all states have their own landlord/tenant laws, they actually vary only slightly. You’ll notice that there is NO provision for making payments to a third party as an incentive for a landlord to get work done. Indeed, I don’t believe any state gives a tenant that right.

Alternatively, you MUST be current in your rent to take advantage of the following procedures. (the very last line). Otherwise, you’ll be in even more trouble.

excon

- - - - - - - -

Required Notice: When something in the rental unit needs to be repaired, the first step is for the tenant to give written notice of the problem to the landlord or person who collects the rent.
The notice must include the address and apartment number of the rental, the name of the owner, if known, and a description of the problem.
It's a good idea to deliver the notice personally, or to use certified mail and get a return receipt from the post office.
After giving notice, the tenant must wait the required time for the landlord to begin making repairs. Those required waiting times are:
• 24 hours for no hot or cold water, heat, or electricity, or for a condition which is imminently hazardous to life.
• 72 hours for repair of refrigerator, range and oven, or a major plumbing fixture supplied by landlord.
• 10 days for all other repairs.
While not required to finish the repairs in these time frames, the landlord must see that repairs are completed promptly, and if completion is delayed due to circumstances beyond the landlord’s control, the condition must be repaired as soon as possible.
Tenant's Options: If repairs are not started within the required time and the tenant is paid up in rent and utilities, the following options can be used:
1. The tenant can move out. After waiting the required time, the law allows tenants to give written notice to the landlord and move out immediately. Tenants do not have to pay rent for any period following the date of moving out and are entitled to a prorated refund of their rent, as well as the deposits they would normally get back.
2. Litigation or arbitration can be used to work out the dispute. A tenant can hire an attorney and go to court to force the landlord to make repairs. (These kinds of suits cannot be brought in Small Claims Court.) Or, if the landlord agrees, the dispute can be decided by an arbitration service. Arbitration is usually less costly and more quick than going to court.
3. The tenant can hire someone to make the repairs. In many cases the tenant can have the work done and then deduct the cost from the rent. (This procedure cannot be used to force a landlord to provide adequate garbage cans.)
Before having any repairs made by any person capable of doing the work, including a licensed or registered tradesperson if one is required, the tenant must submit a good-faith estimate to the landlord. To speed up the repair process, the estimate can be given to the landlord along with the original written notice of the problem.
When the required waiting period has ended and the landlord has not begun repairs, the tenant can contract with the lowest bidder to have the work done. An Important Note: If the repair is one that has a 10-day waiting period, you cannot contract to have the work done until 10 days after the landlord receives notice, or five days after the landlord receives the estimate, whichever is later.
After the work is completed, the tenant pays the repair person and deducts the cost from the rent payment. The landlord must be given the opportunity to inspect the work.
There are limits on the cost of repairs which can be deducted. If a tenant contracts the repair work out to a licensed or registered person, or to a responsible person if no other license is required, then the total cost of repairs that may be deducted in this category is no more than one month's rent per each repair, and no more than two months rent in any 12 month period.
If a large repair that affects a number of tenants needs to be made, the tenants can join together, follow the proper procedure, and have the work done. Then each can deduct a portion of the cost from their rent. If tenants wish to do this, they should all join in the written notice to repair and should all wait the required time.
Remember: a tenant must be current in rent and utilities payments to use this procedure.