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    ksum's Avatar
    ksum Posts: 2, Reputation: 0
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    #1

    Nov 7, 2007, 12:33 PM
    Lease issue
    If my lease, which is a bad copy of the original and I have not recently seen the original, says that all I pay utility wise is electric but my landlord is saying that I am responsible for hot water and cooking gas as well, am I allowed to deduct the monthly gas bill straight from my rent? My landlord is threatening to evict me because this past month I did just deduct my gas bill from my rent and he is saying that I cannot do that. Also, is there a minimum temperature at which the landlord has to keep the building if he controls the heat? And if there are roaches and he has been told several times of this problem, what action can I take since he has not gotten rid of them? Thank you!
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #2

    Nov 7, 2007, 12:47 PM
    If you have a written lease that states the only utility you must pay for is electricity, then the landlord cannot charge you additionally for gas. The landlord will have to show a judge something in writing signed by you that says you agreed to pay for gas as well as electric.

    Contact your town's health dept. to find out if there is a minimum temperature for heat. If there is no minimum then the landlord must merely provide a "habitable" condition. You can ask the health dept. to come out and check if your apartment is considered habitable. If it is not then the health dept. will inform the landlord and give him a certain amount of time to fix it.

    If you have roaches then you must notify the landlord in writing. I suggest that you send him a letter by regular mail and another copy by certified mail, return receipt requested. In the letter you tell him that you have told him several times that there is a roach infestation and he has done nothing to remediate it. Then tell him that if he doesn't do something in the next 5 days you will have an exterminator come in and you will deduct the cost from the next rent payment.

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