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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
Replies (11-20):
frndlyfn
by Platinum Member on Feb. 6, 2013 at 2:51 AM

that is odd and that is why their heating bill is so high .  I personally would turn off the thermostat/heating unit for my household and use a space heater or portable furnace type appliance which would be safer.   I once had a wall unit that had to be turned up really high to kick on and one night flames started to spit out of the vent.

sucker4myloves
by on Feb. 6, 2013 at 2:54 AM

It varies state to state, but you have to put a request in writing for him to fix it. It is not legal for him NOT to fix it after the written statement though, that is almost the same in all states, IF YOU HAVE A LEASE. If you have no lease and this is a lackadaisical sort of arrangement, you're probably up creek and I'd find a new place to live.

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MissTacoBell
by Silver Member on Feb. 6, 2013 at 3:08 AM
1 mom liked this
You write him a letter, keep a signed copy for yourself.

If the water and the heater are not fixed you will report him as a slum lord to the department of housing.

It's required in almost every state to provide WORKING heating and cooling.

You must be able to adjust the temperature of your water.

If your toilet water is boiling, it is drawing from your potable water supply (the stuff you bathe in and drink) and would make me wonder if your getting non-potable water in your taps.

It's against the fire code to prohibit windows from being open.

He can't evict you on that basis. I suspect he knows that and it's a scare tactic. No judge is going to rule in his favor with conditions like that.

Tell the guy he can go ahead and evict you and you'll explain to the judge how the house is being maintained and he better be ready for the damages he will award you on top of his slum lord fines.
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Katt709
by Katharine on Feb. 6, 2013 at 6:36 AM
I have never heard if not being able to open your own windows. What if you had cooked something that burned and needed the smoke out it something? How stupid. Almost positive they can't do that. You need to request things to be fixed in writing. Then report them if its not done within 2 weeks. Good luck.
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Christine0813
by on Feb. 6, 2013 at 8:24 AM

 I would not ask for this kind of advice on here since laws vary from state to state.

 Contact your city hall and look up tenant/landlord rights for your state.

ceciliam
by Cecilia on Feb. 6, 2013 at 9:49 AM

If the heat is not funtioning properly, they need to have it repaired. Have you spoken to them about the heat?

lightning918
by Member on Feb. 6, 2013 at 10:19 AM
We have a lease. The landlord is trying to say the lease says that we cannot open the windows, but when I looked at it after they posted the notice on my door it does not say anything about windows and the part they said was about windows was about maintaining smoke detectors.

Quoting sucker4myloves:

It varies state to state, but you have to put a request in writing for him to fix it. It is not legal for him NOT to fix it after the written statement though, that is almost the same in all states, IF YOU HAVE A LEASE. If you have no lease and this is a lackadaisical sort of arrangement, you're probably up creek and I'd find a new place to live.

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lightning918
by Member on Feb. 6, 2013 at 10:22 AM
1 mom liked this
I will be looking that stuff up when I get home from work. I only asked on here because I thought maybe I was just being a whiner. And was hoping maybe someone had dealt with something similar.

Quoting Christine0813:

 I would not ask for this kind of advice on here since laws vary from state to state.

 Contact your city hall and look up tenant/landlord rights for your state.

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sucker4myloves
by on Feb. 6, 2013 at 2:11 PM

They don't have a case and you do--put a request for the heating fix in writing, make sure you BOTH have copies of it, look up the legalities of how to secure that in your state, do it to the letter, and THEN you have a legal case against them.


Quoting lightning918:

We have a lease. The landlord is trying to say the lease says that we cannot open the windows, but when I looked at it after they posted the notice on my door it does not say anything about windows and the part they said was about windows was about maintaining smoke detectors.

Quoting sucker4myloves:

It varies state to state, but you have to put a request in writing for him to fix it. It is not legal for him NOT to fix it after the written statement though, that is almost the same in all states, IF YOU HAVE A LEASE. If you have no lease and this is a lackadaisical sort of arrangement, you're probably up creek and I'd find a new place to live.



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kaitybird
by on Feb. 6, 2013 at 8:38 PM

Who in their right mind sets a heater at 85 degrees??  That is insane!  I would look up your state laws on everything about landlord tennant laws.  Good luck to you.

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