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Landlord Help

Posted by on Feb. 5, 2013 at 11:01 PM
  • 21 Replies
My landlord posted a notice on my door today saying its my second notice for having a window open and that is not allowed because they pay heat and that they sent out notices last month. We never got a notice last month. Yes the window was open, but my landlord refuses to do anything with the heating system so in order to have heat it has to be set at 85 degrees. Is it legal for them not to fix the heat? Is there anything that I can do about this. My husband is going to call and talk to them about this saying its our second notice since we never received a first notice and being 37 degrees today I didn't think it would be a problem to crack the window for literally less than 10 minutes. Yes we have lived here about 3 years and they usually give everyone a notice in October saying we cannot open the windows, however they did not do that this year which I thought was because they are not fixing the heat and it is absolutely unbearable in here even with fans running on high all day everyday.

ETA: I think they are mad at us because they had to call a guy to come fix our oven that wasn't working for 4 days. All they had to do was replace the bake element and I told the landlord what it was and how to do it but he called in a repair guy and wasted money doing that
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by on Feb. 5, 2013 at 11:01 PM
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Replies (1-10):
Mommy2justone
by Mommy2justtwo on Feb. 5, 2013 at 11:36 PM
Have you asked for the heat to be fixed in writing? Also,what is wrong with the heat? It will not kick on?
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mmccrea
by on Feb. 6, 2013 at 12:19 AM
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You can look up renters rights for your state online.  What are they threatening to do to you when they post the notice?  I doubt they could actually legally do anything for that, look in your lease though.  

lightning918
by Member on Feb. 6, 2013 at 12:19 AM
The heat will not kick on unless the thermostat is set at 85. I have not asked for it to be fixed in writing, but the landlord came out to fix the heating in dd's room (his fix was telling us to leave all the doors open) and when we asked why it had to be set at 85 and if we were doing something wrong to make it that way he said no that's just the kind of heating system and he wasn't going to do anything about it. Last year he said they would fix it. (They also have boiling water in the toilets and only hot water in the sinks, which he insists he fixed last week, but I can't use the water without being scalded.)

Quoting Mommy2justone:

Have you asked for the heat to be fixed in writing? Also,what is wrong with the heat? It will not kick on?
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lightning918
by Member on Feb. 6, 2013 at 12:21 AM
The section they sited in the lease says to notify them if the fire extinguisher doesn't work and to maintain the smoke detectors. There is a section at the end of the lease that says they can change rules at anytime without notice. It says if we don't leave the windows closed they will evict us.

Quoting mmccrea:

You can look up renters rights for your state online.  What are they threatening to do to you when they post the notice?  I doubt they could actually legally do anything for that, look in your lease though.  

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mmccrea
by on Feb. 6, 2013 at 12:22 AM

So how cold has it been in your apartment?  Because I feel like they would legally have to fix it if it was below a certain temp!


Quoting lightning918:

My landlord posted a notice on my door today saying its my second notice for having a window open and that is not allowed because they pay heat and that they sent out notices last month. We never got a notice last month. Yes the window was open, but my landlord refuses to do anything with the heating system so in order to have heat it has to be set at 85 degrees. Is it legal for them not to fix the heat? Is there anything that I can do about this. My husband is going to call and talk to them about this saying its our second notice since we never received a first notice and being 37 degrees today I didn't think it would be a problem to crack the window for literally less than 10 minutes. Yes we have lived here about 3 years and they usually give everyone a notice in October saying we cannot open the windows, however they did not do that this year which I thought was because they are not fixing the heat and it is absolutely unbearable in here even with fans running on high all day everyday.



lilblu399
by Bronze Member on Feb. 6, 2013 at 12:24 AM
1 mom liked this
If the heater isn't working correctly, depending on your state you can withhold rent until it's fixed. I know in my area the has company will come out for free to look at the heater(if it's a gas one) and make a tag telling what's needed to be fixed. I would call someone out to take a look at it, then write a letter explaining why rent may not be paid in full next month. If your state allows you to withhold rent, you have to open an escrow account and put the money there.
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mmccrea
by on Feb. 6, 2013 at 12:25 AM

That is messed up.  I would look online at renters rights for your state still.  Here in MN, our landlord wouldn't be able to kick us out unless we weren't paying rent.  A lot of states can't kick you out in the wintertime anyways.  They also can't forcefully remove you from the property (at least here), they would have to take you to court.  The renters rights thing in MN has a number to call.  Hopefully your state has something like this too so you can make sure you are in the right.  Sorry you have to deal with this!  Renting sucks!@


Quoting lightning918:

The section they sited in the lease says to notify them if the fire extinguisher doesn't work and to maintain the smoke detectors. There is a section at the end of the lease that says they can change rules at anytime without notice. It says if we don't leave the windows closed they will evict us.

Quoting mmccrea:

You can look up renters rights for your state online.  What are they threatening to do to you when they post the notice?  I doubt they could actually legally do anything for that, look in your lease though.  



lightning918
by Member on Feb. 6, 2013 at 12:28 AM
It's not that its cold its that we have to set it at 85 to get the heat on, then it heats up to about 90 degrees all day every day. I know they have to fix it if it won't heat but do they have to fix it if won't turn on below 85. They complain how much it costs to heat but if they would fix it I wouldn't turn the heat above 70

Quoting mmccrea:

So how cold has it been in your apartment?  Because I feel like they would legally have to fix it if it was below a certain temp!



Quoting lightning918:

My landlord posted a notice on my door today saying its my second notice for having a window open and that is not allowed because they pay heat and that they sent out notices last month. We never got a notice last month. Yes the window was open, but my landlord refuses to do anything with the heating system so in order to have heat it has to be set at 85 degrees. Is it legal for them not to fix the heat? Is there anything that I can do about this. My husband is going to call and talk to them about this saying its our second notice since we never received a first notice and being 37 degrees today I didn't think it would be a problem to crack the window for literally less than 10 minutes. Yes we have lived here about 3 years and they usually give everyone a notice in October saying we cannot open the windows, however they did not do that this year which I thought was because they are not fixing the heat and it is absolutely unbearable in here even with fans running on high all day everyday.




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sabrtooth1
by on Feb. 6, 2013 at 1:01 AM

As long as there IS heat, it's not illegal. And yes, they can make any rule they want.   You don't like it, move.

lightning918
by Member on Feb. 6, 2013 at 1:10 AM
If you will give me $1800 I will gladly move.

Quoting sabrtooth1:

As long as there IS heat, it's not illegal. And yes, they can make any rule they want.   You don't like it, move.

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