My landlord wont install water heater, what can I do?

I went through a lot of trouble with this particular apartment I was planning on moving into but I went tthrough it and I moved in on New year's eve. Now, I'm finding out that the shower will only have enough hot water for 5 minutes so after 5 minutes the water gets cool instead of hot. I called the landlord and he said it's because it's tankless so it only last 5 minutes and I have to take a quick shower. I asked him if he can install a water heater and he said no. He's not going to waste $1000 to install just for me. I commented that the other unit has it and he said that the other unit's tankless heater was broken so he had to replace it.

Anyhow, I donâ€™t think I can stand taking 5 minutes hot shower since I live in MA. What are my options? Can I sue him and make him install the heater or can I sue him and get back my first and last month rent, my moving expenses, payment for the hours I spent cleaning, and for moving cost to another location? Or am I out of luck...

This is such a good question, I would suggest you contact your local landlord tenant union in your area and see what to do, I would really like to know the out come of this. There have been times that I have moved into apts and something was wrong like slow water pressure etc,etc and these are things that you wouldn't normally check when inspecting the apt when you first move in. then your stuck for the remainder of the lease

This is from your state's Tenants Handbook..

HOT WATER: The landlord must provide and maintain facilities capable
of heating and supplying hot water at a temperature between 110oF and
130oF in a quantity and pressure sufficient to satisfy the ordinary use
of all plumbing fixtures. Exceptions are made when the occupant is
required to provide fuel for the operation of the facilities under the
written lease agreement.

Reporting Violations of the Code: If you feel conditions exist that may
violate the Code, such as the ones listed above, follow these steps:

* Call your landlord and advise him/her of the problem and request
repair. In addition, put your request in writing for the record. If the
landlord's response is not satisfactory, continue with the following
steps.

* Call your local health department and request an inspection. It is
against the law for the landlord to retaliate by raising the rent or
evicting the tenant for reporting violations to the authorities within
six months of request (see pages 3 and 12).

* Prepare a list of suspected violations you wish investigated. If you
want a comprehensive inspection, inform the inspector.

* Make sure the inspector writes down all the violations.

* Any violation (major or minor) may be determined to be CODE ONE, one
endangering the health and well-being of the tenants, by the inspector.
The inspector must provide the tenant with a copy of the report and must
specify a time period for the landlord to correct the violations. If the
landlord has not begun repairs or contracted for repairs within this
specified period of time, s/he could be subject to fines or imprisonment.

Tenant's Remedies:

The Massachusetts Supreme Judicial Court ruled that when a landlord fails
to maintain a dwelling in a habitable condition, a tenant may properly
withhold a portion of the rent from the date the landlord has notice of
this breach of the warranty of habitability(M.G.L., c. 239, $8A). Rent
withholding can be a useful tool to force repairs, but it is a serious
step and should be dealt with carefully. You may want to get some legal
advice before proceeding with rent withholding since the landlord may try
to evict you for non-payment of rent. You should first appeal to your
landlord in writing to make the necessary repairs. You should next
contact your local board of health to inspect your apartment for health
code violations. You must be current in your rent up until the time of
the problem and the unsanitary conditions should be such that do not
require the apartment to be vacated. If violations still exist, you
should write to your landlord informing him/her that you will be
withholding rent and be sure to specify your reasoning for doing so.
Deciding how much to withhold is individual to the situation of the
tenant (e.g., the cost for loss of heat or other major inconvenience).
You need only pay the fair rent for your unit given its defective
condition.

Repair and deduct is another means by which a tenant may make emergency
repairs in an apartment or common living areas and deduct up to four
months future rent to pay for them if three conditions are met (M.G.L.,c.
111, s.127L):

* the local board of health or other code enforcement agency has
certified the health code violations the apartment as Code One
violations.

* the landlord receives written notice of the existing violations from
the inspecting agency.

* the landlord is allowed five days from the date of notice to begin
repairs him/herself or to contract for outside services and 14 days to
substantially complete all necessary repairs. (Note: A landlord may have
less than 14 days to complete the repairs if ordered by the court or the
local code enforcement agency.)

If the tenant qualifies under "repair and deduct," the tenant may treat
the lease or rental agreement as broken, and may move rather than
undertake the necessary repairs. However, the tenant must pay the fair
value for the period s/he occupied the apartment and vacate the apartment
within a reasonable period of time.

Shutoff Rights: The landlord cannot cause the removal or shutoff of
utilities except for a temporary period during repair or emergencies. In
cases when a landlord's account is about to be shut off for non-payment,
state law (M.G.L., c. 164, sec. 124D) and Department of Public Utilities
regulations require utility companies to notify each affected tenant in
writing at least 30 days prior to the scheduled termination. Tenants may
also be asked to pay part of the overdue bill to the utility and deduct
that payment from their rent. Tenants should contact the Department of
Public Utilities at (617) 727-3531 or (800)392-6066 for more information.

Consult a lawyer who specializes in tenant rights.

The answer most probably lies in the term of your lease. I suggest reading it instead of asking strangers for their views.

I believe you should first review the contract you signed and see if it addresses this issue. Then see if there is a fair housing section of government in your community that may address problems like this as this is an unclean practice. How are you to wash dishes, or clothes, let alone get yourself clean? Are you expected to boil water to sanitize everything? That is unreasonable to expect, and living conditions cannot be sub-standard. Contact your local housing authority, and express your concerns. You must have legal rights to file a grievance of some sort. Good luck! :)

You can actually contact the US Dept. of Housing and Urban Dev. and speak with one of their reps regarding this issue.

Visit their website at www.hud.gov...they provide ton of info r/e landlord and tenant rights.

Here is the link for Tenant Rights in MA

http://www.hud.gov/local/ma/renting/tenantrights.cfm

It will also have a link to a list of HUD approved housing counselers and legal assistance.

According to the law in MA, the owner shall provide and maintain in good operating condition the facilities capable of heating water. The owner shall also provide the hot water for use at a temp of not less than 110 degrees FR and in a quantity and pressure sufficient to satisfy the ordenary use of all plumbing fixtures which normally need hot water for their proper use and function, unless and to the extent the occupant is required to provide fuel for the operation of the facilities under a written letting agreement.

Inspection of the hot water system shall include an examination of the hot water system and its actual performance. If possible, such examination shall occur at the times and under such conditions as the occupant has identified the system to be insufficient.

It looks like the law has your back! Good luck and go get him!

I would talk to a lawyer. They would be able to tell you what kind of case you have. I know that judges dont like slumlords, and that kind of sounds like what you got. It would also help you out if you got the tenant from the other unit to go along with you. Good luck.

BREAK THE FREAKING WATER HEATER! Well, even if you did that, he'd just install another tank less water heater. He must be the one paying the water bill. I guess you will have to live there till your lease is up. Start looking right now for a new place, so when your lease is up, you will already know where you're going to go.

Your Landlord sounds like most of them.. A real piece of work.

Contact a local lawyer, or legal aid group. They can tell you what your options are.

no, you cant sue him. The apartment has a working hot water heater, even though it is brief. Only run water to rinse. You have to deal with it or move.

follow the legal advice and buy a low flow shower head with an on/off swithch to get by with for now. Run it low and slow. You probably don't have a "tankless", you have a miniscule tank.
Tankless runs forever, as it heats the water as it goes by.

Review your lease that you signed when you moved in. There is usually a clause in there about "livable" conditions. Those conditions there will be different depending on contracts but it might have some fuel to use to try to get a better hot water heater. But, if you take it to a judge, it might be a long drawn out process to get him to install a water heater. Try to get your landlord to do it without going to court.

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