What can we do about our rental house not having heat?

by **jung-hwa75** » Sat Nov 19, 2011 12:36 pm

We rent our home in NC. Since November we have had no heat in our home. It is now january, with snow on the ground, and we STILL have no heat. Our landlord has been working with her home warranty people, but still nothing is fixed. What can we do at this point? We really can't afford to move, but is getting a lawyer really worth it? What else can we do to get things fixed? I know that the law requires her to provide us with heat, and they consider this an "emergency" situation. Would WE be in breach of our lease agreement if we only pay a portion of our rent? What about if we decide to move because of this, are we responsible for the costs?

by **chika** » Sat Nov 19, 2011 12:38 pm

We rent our home in NC. Since November we have had no heat in our home. It is now january, with snow on the ground, and we STILL have no heat. Our landlord has been working with her home warranty people, but still nothing is fixed. What can we do at this point? We really can't afford to move, but is getting a lawyer really worth it? What else can we do to get things fixed? I know that the law requires her to provide us with heat, and they consider this an "emergency" situation. Would WE be in breach of our lease agreement if we only pay a portion of our rent? What about if we decide to move because of this, are we responsible for the costs?

ask your landlord to buy you a couple of portable heaters
they can purchase it and keep it themselves after they have fixed the heating situation
if they refuse then write them a letter of complaint stating the dates you have not had heat
if it ever goes to court at least you will have written details

g luck

by **adaya** » Sat Nov 19, 2011 12:42 pm

We rent our home in NC. Since November we have had no heat in our home. It is now january, with snow on the ground, and we STILL have no heat. Our landlord has been working with her home warranty people, but still nothing is fixed. What can we do at this point? We really can't afford to move, but is getting a lawyer really worth it? What else can we do to get things fixed? I know that the law requires her to provide us with heat, and they consider this an "emergency" situation. Would WE be in breach of our lease agreement if we only pay a portion of our rent? What about if we decide to move because of this, are we responsible for the costs?

ask your landlord to buy you a couple of portable heaters
they can purchase it and keep it themselves after they have fixed the heating situation
if they refuse then write them a letter of complaint stating the dates you have not had heat
if it ever goes to court at least you will have written details

g luck

you cannot do it both ways.

i would do this;
I would "politely demand to talk to the warranty company"
if that company has not come to agreement with the LL,
move out tomorrow. Move to a hotel for 2-3 days and
then, into an apt with nice heat.

YOU could ask the LL to provide you with 4 temp space heaters,
one for each room.

available to guide you further

by **rolfe16** » Sat Nov 19, 2011 12:48 pm

Never pay less rent than is due. It's a basis for eviction. First, ask your landlord to go to Walmart and buy a couple space heaters. If he/she won't, buy them yourself. Then Google landlord tenant laws in your state. In most states if the A/C breaks that's just an inconvenience, but the lack of heat may be a health issue. The landlord should not make you suffer just because he/she is having an issue with the home warrant company.

realtor.sailor

by **webb** » Sat Nov 19, 2011 12:58 pm

The only thing that you are legally able to do is move without being sued for breaking your lease. If you leave the house in the same condition that you moved in on, then your landlord must give you your deposit back within 14 days. You may not with hold rent because you have no heat. The only other thing that I would suggest you do is purchase some of those little portable heaters and use those until you can afford to move out, and then when you do I would call the housing authority on your landlord so that they can't rent the house out to someone else without heat. You don't need to get an attorney to move out on this case, especially if you did inform the landlord of this issue back in Nov. and you still don't have heat. I would be nice about it though and give the landlord 30 days notice. Maybe the landlord has another home that she would be willing to let you move into that does have heat and just transfer your deposit to the new home and continue the lease on the new home that she has with you on the current home.

by **boyce** » Sat Nov 19, 2011 1:01 pm

Withholding rent would grounds for eviction.
See if there is a place like Legal Aid which would give some free advice.
In some communities it is illegal to occupy a residence which does not have heat. That would lead the the premises to be condemned & you would have to vacate. Your local Building Dept. could advise you about that.

by **charlot22** » Sat Nov 19, 2011 1:03 pm

check with your local city or town officials to see if they have a rent abatement program. Under a program like that, you pay your rent to an authorized third party who withholds rent to the owner until they correct the problem. puts some pressure on the landlord to resolve the issue without getting you in trouble legally for not paying rent.

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