View Full Version : Is it the landlords responsibility
mrs_jp2000
Sep 10, 2007, 07:34 AM
This past June my husband and I signed a lease in the lease it was stated that all major appliances were in working order. Being that it was June my husband and I *wrote in that the furnace was not checked* we signed the lease, as did the landlord. NOW THE FURANCE DOES NOT WORK. Landlord was called he told us that it was in working order when we moved in, he's asking us to pay for the repairs. Is this legal::confused:
Emland
Sep 10, 2007, 07:36 AM
What does the lease say about the repair of the major applicances?
excon
Sep 10, 2007, 07:49 AM
Hello Mrs:
Even if it WAS in good working order when you moved in, it's STILL his responsibility to fix it. That's why one RENTS a house instead of buying it.
Your problem, however, is not what the law is, but what to do about it short of having to move. Well, I don't know if that's possible. You've got an UNREASONABLE landlord and I don't think he's going to change his ways overnight. So, even if you DO solve THIS problem, I think you're looking at others down the road.
So, I don't know what you want to do. Do you want to play hardball?? Or do you want to make nice? If it were up to me, it would be hardball all the way.
How I would play hardball would be thusly: First off, go read your landlord tenant laws. We have them here right on this forum at the top in a sticky note. You'll find a chapter under landlord responsibilities. It will give you the wording you need to duplicate in your letter. Cite the law. There's probably OTHER provisions in the law that allow you to seek "self help" after certain conditions have been met, such as giving him the opportunity to respond.
Send him a certified letter, return receipt requested. Tell him exactly what the law allows you to do, and tell him that you're going to do it.
excon
ScottGem
Sep 10, 2007, 07:57 AM
Some appliances may be included in a rental on an as is basis. Such applicances aren't required to provide a livable habitat. Dishwashers, laundry machines, air conditioners are the primary applicances that fall into that category. If they break down, the landlord can wash their hands of it.
But a furnace does not fall into that category. Its not an appliance that can be removed nor is it one that can be done without. So, it IS the responsibility of the landlord to repair. It should not have even been included in that clause.
I would look look up the law for your area on liveable conditions that have to be maintained. I would then send the landlord a letter citing those laws and demanding he repair the furnace.
Give him a specific number of days to have it taken care of, in the letter tell him that if its not repaired by such and such a date that you will contact a repairman on your own and withhold the costs of reapir from your rent.