What are my rights as a renter?

The hot water heater is leaking all over the basement, the pilot light will not stay lit, so I've had no hot water for going on 3 days now.
I notified the landlord of the problem 2 weeks ago when I first noticed the leak, she is aware I have no hot water.
She refuses to hire anyone reputable and gets "friends" to do her rental repairs rather poorly at that.
She even wants to take a heater from an empty rental and put it in my home to save her some $. She claims she can't find anyone available to do the work.
Help-I want to take a shower!
Additional Details
(I live in Iowa)

yes you need a shower

I doubt you have any right to choosing how she does the repairs, as long as she does them.

If the unit you are renting has defects that prevent your substantial enjoyment of it, I would imagine you may have a right to a rent abatement of some sort. You would have to check with the regulator of tenants and landlords in your jurisdiction to see what your specific rights are. (Where I live, Saskatchewan, the provincial government has an Office of the Rentalsman for these sorts of situations.)

I'd try to find that department, contact it, and get specific advice to where you live, but I imagine that yes, you have some recourse if the landlord takes more than a couple of days to fix this problem.

She is allowed to use whoever she wants and also use her other heater.

Tell her to look at Sears, even online. She can pick up a hot water heater for 200-300, and they deliver it. They are super easy to install, you could do, as I can. The hard part is lifting them into place, they weigh a 100 pounds or so, but after that it is a piece of cake.

take her a$s to court.

Well with all this information have you called the cops or thought about suing her because that's not very professional to let her friends do it you need to demand your water and if she doesn't you should tell her i'm taking a shower at your house.Ha Ha Ha

hey you need to demand that she do it or you will take her to court if you have to fix it!!!! it's her job to repair things that break or needs to be repaired!!!! she also suppose to meet the renters needs and complaints!!!!!

First, remind her that your rent includes maintenance, and that you have reported the issue a few times.

Ask if she'd like YOU to locate a repair person, because you are concerned that the leak may cause structural damage to 'her' property, and you "wouldn't want that to happen".

You would be "happy to have a repair person come over right away, and then deduct the cost from next month's rent -- providing her a reciept, of course."

You can't, however, have a repair person come in unauthorized and then expect her to pay the full amount. She has to agree to it.

(in writing)
DATED!
Mrs Smith,
I am sure that you are aware that the water heater in my unit has been leaking. Since the pilot light has failed to stay lit, the unit is not providing hot water. I am concerned about the safety risk of both a gas leak from the failed pilot light and the water leaks -- and of the possibility that the water will cause structural damage or encourage mold growth. I am sure that either of those repairs would be costly, and time consuming.

I would like your assurance that the water heater is repaired or replaced promptly (within the next 2 days) so that I can once again have hot water in my unit. If you are unable to locate a contractor, I would be happy to call a repairman to come in right away, and then submit the reciept with my rent check (reduced by that total).

If you can't find a contractor, and prefer that I not hire one on your behalf, let me know how I can charge the cost of a hotel stay against my rent obligation until the necessary repairs are completed.

Please let me know today what your plan is for repair.

Signed,
Your Name

Times have been tough for apartment-dwellers. The real estate boom has given many homeowners a great deal of free money, while tenants have gotten only the typical annual increase in their rent. Yet even as home prices start to modestly descend, in many areas typical people with average income levels still have almost no chance to buy a home without potentially overextending their finances through a risky mortgage.

One of the most difficult things about apartment living is your lack of control over your environment. Even though it's nice not to have to pay extra for repairs and maintenance, it can be a real challenge to get your landlord to fix things in a timely fashion. Furthermore, when you decide to move out, it always seems that your landlord finds some sort of excuse to hang onto most or all of the security deposit you paid when you first moved in. What many tenants don't know, however, is that most states give them legal rights if their landlords fail to fulfill their obligations. By knowing your rights, you can make sure that your landlord won't take advantage of you.

Finding an apartment
In some areas, just finding an affordable apartment is a challenge. Apartment applications can require as much information as mortgage applications, and competition can be fierce. Most landlords now require credit checks for applicants, and in most states, landlords can charge you an additional application fee just for considering letting you rent property. As large apartment REITs like AvalonBay Communities (NYSE: AVB), Apartment Investment & Management (NYSE: AIV), and Archstone-Smith Trust (NYSE: ASN) have replaced smaller individual landlords with just a few units, it's increasingly likely that you'll find rigid procedures you have to go through when renting an apartment.

While landlords have a lot of latitude in choosing their tenants, anti-discrimination laws often apply to limit their ability to make decisions based on certain factors, such as race or nationality. If you've think you've been discriminated against, check for fair housing councils in your area, or contact your state's housing department for information about potential legal remedies. In some cases, you can get monetary damages in addition to access to your desired property.

Signing a lease
Once you decide on an apartment and have been accepted, it's time to sign a bunch of legal documents. Even though it may be tempting just to skip over the pages of fine print, reading through your lease is the best way to understand some of your rights. Most leases are form contracts based on your state's laws, and they address many common situations that come up.

In particular, it's important for you to document the condition your apartment is in when you first take possession. If there are problems, you have to let your landlord know immediately so that you won't be blamed for them later. Also, look closely at the provisions that govern what happens if you have to break your lease. Penalties can vary considerably, ranging from just a few hundred dollars to several months of rent. Even if you're planning to stay in your apartment for the entire lease term, you never know when unexpected circumstances may force you to change your plans.

Handling repair problems
In general, landlords are usually responsible for any repairs, unless the tenants create the problems. It's up to you to contact your landlord if there's a need for repairs. If your landlord fails to make repairs, you may have a number of options. If the problem is severe and poses a threat to health or safety, you may be able to arrange for repairs yourself, then deduct the amount you have to pay from your rent. If problems are bad enough, you may even be able to abandon your apartment and stop paying rent.

It's important to understand that many of these remedies apply only in situations in which there's a really huge problem. You shouldn't, for instance, expect to be able to move out rent-free just because your garbage disposal doesn't work, or because you've got a small leak in your bathroom faucet. If your heat goes out during winter, on the other hand, that's probably enough of a problem to warrant more drastic measures.

Security deposits
State law usually specifies that you must receive your security deposit back within a certain period of time after you move out. Of course, in order to get paid, you have to let your landlord know your new address. Typically, if your landlord takes any deductions from your security deposit, you're entitled to an explanation.

If you disagree with these deductions or don't get your deposit back at all, first write a letter to your landlord formally requesting payment in full, and stating any concerns or disagreements you have about the way you've been treated. It's best to make this letter as professional as possible, leaving out any personal attacks or emotional responses. If your landlord fails to respond to your letter, you may be able to go to small claims court to get your security deposit back. Some laws provide for additional damages above and beyond the amount of your deposit, if you can show that your landlord acted in bad faith.

As a tenant, it's easy to feel powerless. However, tenants have legal rights that give them a significant amount of power in dealing with landlords. If you have a problem with your landlord, don't just automatically give in; consider your alternatives and stand up for your rights.

contact the consumer affairs department in your state.....you'll be able to get a copy of tenant's rights and at the same time file a formal complaint.....file a formal complaint in writing to your landlord as well.....having these complaints in writing will be of your benefit if you do end up in small claims court.....cover your ***....document everything and keep all documents

The Legal Standard for Repairs: Warranties of Habitability

The traditional concept of landlord-tenant law was that unless the lease explicitly provided for the landlord to maintain the property and make repairs, the tenant accepted the premises "as is." The landlord had no duty to make the property fit for habitation before the tenant moved in or to repair the premises if they became defective while tenant was living there.

Beginning in the late 1960s, courts ruled that the lease of every residential tenant contained an implied (that is, unwritten but understood) warranty that the property was in good condition and the landlord would keep it that way. Lease clauses in which the tenant waived the right to maintenance were declared illegal and unenforceable. Almost all of the state courts have made such rulings. By passing laws requiring the landlord to maintain the property, state legislatures and municipalities have also created an implied warranty in leases.

Habitability is sometimes defined as the minimum standard for decent, safe, sanitary housing specified in the state or local housing code.

This implied warranty of habitability gives tenants the right to withhold rent if the landlord fails to comply with the state or local housing code. Tenants can also sue landlords and can defend themselves against eviction for nonpayment of rent by arguing that the landlord violated the implied warranty of habitability.

The Right to "Repair and Deduct" and Reduced Rent:

Repair and deduct is a law that permits the tenant to hire someone to make essential repairs and then to deduct the cost from the rent. In many places, state or local law covers only repairs that are required to keep the premises habitable, such as repair of a broken furnace or leaking roof. Local laws may place a maximum dollar amount that the tenant can spend on repairs. For example, a Chicago ordinance limits a tenant's repairs to five hundred dollars. Some laws limit repair costs to one month's rent.

However, in jurisdictions that have no explicit repair and deduct legislation and rely on the implied warranty of habitability, the right to use repair and deduct is limited only by the reasonableness of the repairs. A tenant may even be able to buy a new furnace and deduct the cost from the rent.

The tenant would serve a written notice on the landlord. This notice would list specifically what repairs the tenant needs, provide a period of time for the landlord to comply, and state that if the landlord fails to do so, the tenant will hire someone to make the repairs and will deduct that cost from the rent.

I hope this is of some help.

Feel free to e-mail me if you have any further questions! :-)

Sincerely,

Chaz@XLakeMI.com

1. Fix it and submit the bill with that deducted from the rent.

2. better buy not easier - move
Sounds like this might be the first of many things that will go wrong and not be fixed.

Good Luck.

call the city hall and ask to speak to a zoning officer and explain the problem they should help. I had this problem in illinois but now i moved to iowa as well.

You can always get a lawyer, and take her to court. It is her responsibility to take care of things like that immediately unless otherwise .defined in the lease agreement

go to your local govt,,,,,,,,,,
environment officer ,,,,,, and report ,,,,,,,,,,don't waste time on ya who
xox

I would think that this would be grounds for legal action.

This link will give you the answers you're looking for -

http://www.nolo.com/article.cfm/catId/31250834-6A2E-4970-9EDD4DAF221A0C7E/objectId/4027DA5E-D71E-4038-B54C6895BA46EB0A/104/138/ART/

Here's the scoop from the University of Iowa Landlord Tenant Off-Campus Housing Service (Same rules will apply to you)

When a landlord fails to provide an essential service, the tenant has the option to give the landlord a written notice stating what the problem is, and then the tenant may do one of the following:

1. Get the essential service working again and deduct the costs from rent (See: Repair and Deduct)

2. Obtain the essential service from other sources and sue the landlord in small claims court to recover those costs/damages based on the fact that the apartment or home was not worth the full amount of the regular rent during that time or sue for money already paid as rent for the period of the time the landlord did not provide the essential service.

3. Terminate the rental agreement if the problem is not fixed within 7 days (See: 7 Day Procedure)

You are contributing to your own problem.

What difference does it make if it's a quality repair or not? Do you own the property? Are you paying for the repair?

If she wants to take a heater from an empty rental and put it in your unit, that is absolutely none of your business.

I hope you are enjoying the cold showers.

take her to court. But your rent must be current. She is not going to do anything unless forced. After she is ordered to fix everything do not pay rent to have money to move if she doesn't fix the problems.

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