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K.C. | Landlord will not repair stove - what steps should I take? |
I have been living in my apartment now for 5 months of a 13 month lease. When I moved in - the stove was not operating correctly (the stove literally burns everything - there is something messed up with the heating element in it).
I notified the landlord as soon as I noticed and he told me to buy a temperature gauge to put in it so I could monitor the temps. This did not work. I notified him again and he said he would get to it.
That never happened, and I notified him again when I saw him and he still has not made any effort to fix this problem.
I am going to send a letter to him (certified receipt requested) of course, but what happens if he does not respond to this letter? Where do I go from there?
Can I legally withhold rent until he makes the repair?
The stove is covered in our lease.
Thanks! |
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Patrick (Midwest)
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You are doing the right thing by sending the certified receipt-request letter. In the letter, tell him that you will hire someone to fix it at his expense if he continues to refuse to fix the stove as you previously requested. This will be evidence that you put him on notice. You must then give him a reasonable time after he gets the letter to fix the problem. The certified letter might just scare him into doing it.
If he does not fix it, you CAN NOT withhold your rent! A malfunctioning stove is not the kind of thing that gives rise to withholding the rent, and the last thing you want to do is give him some reason to evict you.
What you want to do is hire a professional to come in and repair the stove. Get a receipt and then send another certified letter, along with the receipt to your landlord and demand that he pay it.
If he does not pay the bill, sue in small court for the cost of repair. If the bill is less that $5000, you can sue in small claims court, and you do not need a lawyer. Be sure to bring all the evidence. But again, KEEP PAYING YOUR RENT!!! |
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williamfield76
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The laws that govern renting and landlords is very clear. You should be recording everything about this issue. Stoves can pose a fire hazard which can make the situation worse. Recording all communication and having video evidence is your best practice. Should you need to pursue this situation further with authorities having that type of evidence will put the landlord in very deep water with Landlord/Tenancy Act (Canada). I'm not sure but I assume that most States Legislation is much the same. After you have collected enough evidence approach the Landlord and produce your evidence. Typically this should be enough to spring him to action. |
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Robert F
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First send the certified letter (giving one pay period to correct) and contact your local housing authority and see what local and state laws apply . and follow what they say. as differint states ,counties and cities have differint codes and statutes |
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GITWITIT
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SINCE A STOVE USES GAS OR ELECTRICITY, ONE THAT MAL FUNCTIONS IS A SAFETY HAZARD..REPORT THE FACT THAT THE LANDLORD IS IGNORING THE PROBLEM TO THE FIRE DEPARTMENT. |
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cvawt
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I would talk to a lawyer, but I believe he is not honoring the lease agreement. Your best option is to probably look for another place to live and ask to be released from the lease penalty free. I would also look into filing a complaint so that others will know what he has done
Most often when things like this happen the landlord/tenant relationship becomes damaged beyond repair. |
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ny_boy_911
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If you live in NYC go to HPD... department of buildings... Make a complaint. |
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Nikki
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You can put your rent into escrow. It's basically saying you will get your rent when you fix items in the apartment. If you do this though, don't expect to get a extended lease. Most landlords try to get rid of you then, however he needs to fix his property. Check into your renters laws in the state your in. Best of luck. |
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Shenanigans
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Actually, the answer is yes. IF he refuses to do the things that are expressly put into the lease, then he must fix this problem, or else he will be an inept landlord, and judges shy away from landlords that don't do what they are supposed to (find a Danny DeVito movie called The Super, that was partially a true story from an actual New York landlord). Talk to a lawyer and tell them that you a have a landlord that won't go through with his end of the bargain. The lawyer will help you with the rest. |
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shewrites
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You can make arrangments to have the stove repaired yourself, then withold the amount of the repair from your rent. Notify your landlord (via certified mail) of your intent to do this. You can give him a deadline to respond by, saying that if you don't hear from him by a certain date, you will proceed as you have stated in your letter. |
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Robert W
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Check with the city where you live, there is sure to be an agency that regulates lease agreements/laws. You should be able to work something out with them, or if you at least have their info, you can threaten him with it. |
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sm177y
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Gasp!! your stove keeps burning things??? My goodness, thats not supposed to happen!! Your supposed to like set it and forget it right?? Your never supposed to just check your food or anything. It just wont cook right that way. |
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Stephanus Maximus
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Depending on the state you live in, you should contact the local housing authority. I would not recommend withholding your rent. It depends on the contract you signed, but according to a lawyer, it is never a good idea to withhold rent. Be sure to thoroughly read your contract to see what the landlord is required to do. A good way to go is to state that a faulty stove creates a serious fire hazard.
This is not to be misconstrued as legal advice. I am not a lawyer, but I'm married to one. |
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