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headkickerrr | Called the landlord but still I have no heat, what can I do? |
Let me start out by saying I live in the state of Missouri, I know laws can vary state by state. Also I'm in no way wanting to screw my landlord over, I just want to do whats fair and have him do the same.
My heat went out last night and I have called my landlord and even gone downstairs to look at the furnace myself, hit a reset button, checked the pilot light, etc.
Anyhow its supposed to get into the 30's all week at night. I'm using a space heater right now but its not really doing the job very well and its only in the 50's outside right now. I'm scared that its going to be downright freezing in here again, isnt there some sort of law that states my landlord must provide heat when it gets to a certain temperature outdoors?
I have looked at various websites and have not found any clear definitions, just wondering if someone out there knew.
Also if I call an HVAC guy myself is it in my legal rights to withhold the amount it took to fix the furnace from the rent? |
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Landlord
 |
He does have to provide a heat source, a working heater, or fire place. He does not have to provide fuel.
You can not withhold rent w/o a court order first. Sorry, but that is how it is. Otherwise people would upgrade to their hearts content and bankrupt the poor home owner.
Your heating company should come out and look at your furnace for free and tell you want is wrong with it. You should not try and fix it yourself because it is likely covered under his insurance and messing with it causes all sorts of problems in that regard.
If you are worried about the temp tonight pick up a space heater. I bought one for one of y kids who likes her room warmer then I heat the house and it was only 14.95 at Home Depot. |
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acermill
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In Missouri, you are advised to contact the local health department if you feel that your unit has become uninhabitable. However, they're going to tell your landlord to provide a source of temporary heat until the furnace is repaired. You've already done that yourself.
Missouri law allows for neither withholding rent nor contracting for the repair yourself and deducting from rent.
Sorry to say, all you can do is badger the landlord about the situation, and keep that space heater running. |
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Brandi C
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It does depend on the laws in your state, but most states are like this:
Your landlord MUST provide you with heat. If its broken you have to notify him and give him time to fix it. Now, since its getting down to freezing at night that time might be a couple hours. You dont have to wait days or weeks. If he doesn't fix it, you can hire someone to fix it then take that amount off your rent and submit the receipt with the balance of your rent. Look in your phone book under the government listings for some type of landlord-tenant rights hotline or something similary, most counties or cities will have some place you can call to get info about your local laws. |
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Classy Granny
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You can not withhold rent for any repairs including lack of heat nor can you hire the repairs done and think the landlord will accept less rent. You just have to keep after him. I do think there might be laws that state he has to have a working furnace when it gets as cold as it is now. Check your local laws. |
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Sagebrush Kid
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A landlord MUST provide heat, among other things. However, you must give them an opportunity to do the repair. They don't guarantee 24 hour service.
Hate to tell you this, but the landlord has 14 days to respond in Missouri. Brrrrrrrrr!
Do NOT withhold rent until the 14 days has passed. You'd just be screwing yourself. DO write a letter to the landlord if calling has provided no response. Keep it nice.
If "it went out last night" means Friday, he may be trying to avoid paying a weekend charge to the furnace dude. Cheap? Yeah, Reprehensible? Probably. How some landlords think? You better believe it.
Here is the website you were looking for:
http://ago.mo.gov/publications/landlordtenant7.htm |
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ebosgramma
 |
Since your heat just went out last night you may not have a problem, yet.
Keep trying to reach the landlord.
Once you finally do reach him prepare yourself better for next time. Talk to him, ask him if he uses the same heating company every time and if it will be okay for you to call them next time in an emergency. Find out how he wants to handle the repair bills if this situation should arise. Most landlords will have a running account with a heating company and have no problem with the tenant calling for a repair in an emergency. If you use his heating company he should have an agreement with them that they will only fix needed items without his authorization and that they will bill him.
You should also get at least one emergency contact number for your landlord.
What landlord will want their tenant to go without heat? He will be paying the bill if the pipes freeze and burst.
If you do have to call and pay for repair you will have to check your states laws to see what to do about getting that money back, maybe just talking to the landlord will resolve the problem. |
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alsballoondepot
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if you have a lease agreement it may stipulate if you are responsible for xx $ amount of repairs and or the first $50 or $100 etc of repairs - secondly check the maintenance part of your lease agreement and see what is there regarding hvac and heat - you also may want to contact a local apartment association or realtors office to "inquire annonomously" to see how you will fair out.
If he is in default regarding the heat not working and not repairing it - you pay to have it done and deduct from your rent (this is only a possibility)
Also, send him a letter certified about the repairs you are requesting, always always put things in writing to your land lord so if you do have to go to court you can present this to the judge - generally you residents do not have the option to withhold rent for repairs -
You may also check the property laws in your state here is what I read about Missouri and you should as well at this site it has great information
www.moga.mo.gov/statute |
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flashyleo25
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Take that fool to landlord and tenant court, contact legal aid or a non for profit agency that helps tenants No one should be subjective to this |
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ryan m
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Call the landlord and tell him/her that you're not paying rent for the days that you have to go without heat. You got to put your foot down, landlords are lazy a$$holes. |
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