One window won't open in my apartment, landlord won't fix - what to do?
January 6, 2016 8:35 AM Subscribe
When I moved into my new apartment, I discovered that one of my two windows won't open and it's the window that is not positioned to be blocked by furniture. This makes it difficult to air out cooking smells or enjoy fresh air and generally strikes me as a safety hazard. My landlord won't fix the broken window, so what should I do? Details inside.
I live in Oregon. I rent a condo from the owner, but a property management company serves as the middleman between me and the owner. (I don't know who the owner is, I just deal with the management company, which is my landlord.)
The apartment has two very large windows next to each other on the back wall. The first window, which faces the hallway to the front entrance, has a broken loading spring and is way too heavy to open without it. A tall man is able to open it with effort, but as a short woman, it's impossible for me. The second window faces the kitchen and living room area and opens fine. My desk is up against that second window, which makes it cumbersome to open and close, but I can't put my desk anywhere else. I can't put my desk along the broken window because it would just be a weird spot to have it facing the hallway. So, I have one broken window and one functioning window, but the natural layout of my apartment makes it hard to open the one that works.
I asked my landlord to fix the broken one and they sent someone out to look at it, and the guy told me that they don't make parts for those windows anymore, so the whole window would need to be replaced. It's a rather large window, so that's probably expensive. He also said the windows are generally bad windows and other residents in my buildings have had problems, so the HOA should really just replace all of them for everyone. So the window guy left and spoke to my management company, who spoke to the owner, and then relayed to me that the owner will not be paying for a new window.
What should I do? Can I demand that this be fixed? Or is one working window enough that I don't have any safety or inhabitability claims? Could I ask for a reduction in rent? If so, how much? I pay $1600 a month right now to live in a nice part of downtown Portland. If I do ask for a reduction in rent, can I assume the owner will not renew me as a tenant when my current lease ends? I had no reason to believe this window was broken when I agreed to move in here and that wasn't disclosed to me. I just want fresh air!
I live in Oregon. I rent a condo from the owner, but a property management company serves as the middleman between me and the owner. (I don't know who the owner is, I just deal with the management company, which is my landlord.)
The apartment has two very large windows next to each other on the back wall. The first window, which faces the hallway to the front entrance, has a broken loading spring and is way too heavy to open without it. A tall man is able to open it with effort, but as a short woman, it's impossible for me. The second window faces the kitchen and living room area and opens fine. My desk is up against that second window, which makes it cumbersome to open and close, but I can't put my desk anywhere else. I can't put my desk along the broken window because it would just be a weird spot to have it facing the hallway. So, I have one broken window and one functioning window, but the natural layout of my apartment makes it hard to open the one that works.
I asked my landlord to fix the broken one and they sent someone out to look at it, and the guy told me that they don't make parts for those windows anymore, so the whole window would need to be replaced. It's a rather large window, so that's probably expensive. He also said the windows are generally bad windows and other residents in my buildings have had problems, so the HOA should really just replace all of them for everyone. So the window guy left and spoke to my management company, who spoke to the owner, and then relayed to me that the owner will not be paying for a new window.
What should I do? Can I demand that this be fixed? Or is one working window enough that I don't have any safety or inhabitability claims? Could I ask for a reduction in rent? If so, how much? I pay $1600 a month right now to live in a nice part of downtown Portland. If I do ask for a reduction in rent, can I assume the owner will not renew me as a tenant when my current lease ends? I had no reason to believe this window was broken when I agreed to move in here and that wasn't disclosed to me. I just want fresh air!
It is a safety issue. What's broken about it? Painted shut? Hinges or handle not working? Why is the other window blocked?
It might be worth it to send a query to the Oregon Tenant Rights group. If you are on an upper floor, you do need a mode of egress but if you are blocking your own mode of egress then it's not really the landlord's issue to provide you another one.
It wouldn't cost you much to get a second opinion from another window repair person. However, many will decline to work on a condo due to legal issues. But, you'd at least have another data point on whether it is truly unfixable.
posted by amanda at 9:01 AM on January 6, 2016 [1 favorite]
It might be worth it to send a query to the Oregon Tenant Rights group. If you are on an upper floor, you do need a mode of egress but if you are blocking your own mode of egress then it's not really the landlord's issue to provide you another one.
It wouldn't cost you much to get a second opinion from another window repair person. However, many will decline to work on a condo due to legal issues. But, you'd at least have another data point on whether it is truly unfixable.
posted by amanda at 9:01 AM on January 6, 2016 [1 favorite]
It may be a hazard as far as the fire department is concerned. Not that I would go nuclear option with the LL right away, but it's a good question for the Tenant Rights group mentioned above.
posted by vignettist at 9:27 AM on January 6, 2016
posted by vignettist at 9:27 AM on January 6, 2016
If so, have that person fix the window and deduct the cost from your rent.
But first make sure that you're within your rights to do so in your jurisdiction.
posted by under_petticoat_rule at 9:28 AM on January 6, 2016 [3 favorites]
But first make sure that you're within your rights to do so in your jurisdiction.
posted by under_petticoat_rule at 9:28 AM on January 6, 2016 [3 favorites]
2nding contacting a tenants' rights group. Your lease likely has language about who is responsible for repairs; don't assume that the landlord will pay for any repairs you undertake, or accept a deduction from your rent.
posted by hydrophonic at 9:28 AM on January 6, 2016
posted by hydrophonic at 9:28 AM on January 6, 2016
I don't think you have much of a case. You have a functional window but you're choosing to block it with your desk because you feel its weird to have your desk facing the hallway. That's really not the landlord's problem.
I don't know how your windows open but could you get a pole with a hook or something to give you extra leverage to open it? - you say it can actually be opened, just not by you.
posted by missmagenta at 9:28 AM on January 6, 2016 [3 favorites]
I don't know how your windows open but could you get a pole with a hook or something to give you extra leverage to open it? - you say it can actually be opened, just not by you.
posted by missmagenta at 9:28 AM on January 6, 2016 [3 favorites]
As far as meeting building codes, AFAIK the landlord does not have to work around your desire for furniture placement to meet requirements for open windows. One window may be enough.
Try spraying the jambs with silicone spray while you have someone open and close it a few times.
posted by hydrophonic at 9:37 AM on January 6, 2016 [1 favorite]
Try spraying the jambs with silicone spray while you have someone open and close it a few times.
posted by hydrophonic at 9:37 AM on January 6, 2016 [1 favorite]
Oh the joys of renting. In the last decade or so, I've had windows that don't open, windows that leak, and a window with an actual hole in it.
Almost nothing has ever been done about any of the above by my landlords. Unless you're lucky and have an exceptionally conscientious/generous landlord, I think this is unfortunately one of the downsides of renting. I wouldn't advise wasting too much time pursuing it, and certainly don't deduct from your rent without making 100% sure you can legally do so, and/or that you don't mind the inevitable rent increase when the lease is up.
posted by greenish at 9:49 AM on January 6, 2016 [1 favorite]
Almost nothing has ever been done about any of the above by my landlords. Unless you're lucky and have an exceptionally conscientious/generous landlord, I think this is unfortunately one of the downsides of renting. I wouldn't advise wasting too much time pursuing it, and certainly don't deduct from your rent without making 100% sure you can legally do so, and/or that you don't mind the inevitable rent increase when the lease is up.
posted by greenish at 9:49 AM on January 6, 2016 [1 favorite]
Is it possible to take the parts from the good window and swap them to the bad one? It might be worth asking the window guy at least.
posted by shelleycat at 10:06 AM on January 6, 2016 [4 favorites]
posted by shelleycat at 10:06 AM on January 6, 2016 [4 favorites]
One option you may have is to see if there's a third party person who might be able to fix the window. If so, have that person fix the window and deduct the cost from your rent.
That would lead to an eviction where I live.
I agree that this is one of the hazards of renting. As one goes along one adds to the list of things to check when checking out apartments -- turn on the tap to see if the water pressure is adequate, see if the fridge stinks, see if the windows are functional, etc, etc.
Call your local landlord-tenant people or city property standards division and make sure it's not a thing that would be a mandated repair, but that sounds like a long shot.
I can't imagine that the landlord would have a problem with you paying to fix it yourself, though, and I question the wisdom of your window guy; I live in a 1920s house with original windows. In my experience, window guys used to old houses can dismantle old windows and fix the inner bits.
posted by kmennie at 10:11 AM on January 6, 2016 [2 favorites]
That would lead to an eviction where I live.
I agree that this is one of the hazards of renting. As one goes along one adds to the list of things to check when checking out apartments -- turn on the tap to see if the water pressure is adequate, see if the fridge stinks, see if the windows are functional, etc, etc.
Call your local landlord-tenant people or city property standards division and make sure it's not a thing that would be a mandated repair, but that sounds like a long shot.
I can't imagine that the landlord would have a problem with you paying to fix it yourself, though, and I question the wisdom of your window guy; I live in a 1920s house with original windows. In my experience, window guys used to old houses can dismantle old windows and fix the inner bits.
posted by kmennie at 10:11 AM on January 6, 2016 [2 favorites]
Old wooden windows can be easily repaired by a competent handyperson. Newer aluminum or vinyl windows might need specific parts. shellycat"s idea of swapping the parts might be the way to go.
posted by hydrophonic at 10:18 AM on January 6, 2016
posted by hydrophonic at 10:18 AM on January 6, 2016
Hmm. This is a question for lawyers with legal expertise in your city. But here is some explanation of the repair and deduct remedy. You probably have to give your LL adequate notice, make sure the issue is serious and not just annoying, and then make the deduction proportional to your loss of use of the space.
I'm not sure this would count as serious. If this were a bedroom, where the window would provide egress in case of fire, then that would be one thing. I'm not sure that windows being operable is necessary to habitability. If you think about it, a lot of office buildings have fixed (inoperable) windows. But someone with more knowledge of local codes might have a more informed opinion here.
posted by slidell at 10:34 AM on January 6, 2016
I'm not sure this would count as serious. If this were a bedroom, where the window would provide egress in case of fire, then that would be one thing. I'm not sure that windows being operable is necessary to habitability. If you think about it, a lot of office buildings have fixed (inoperable) windows. But someone with more knowledge of local codes might have a more informed opinion here.
posted by slidell at 10:34 AM on January 6, 2016
In many states, you are breaking your lease by deducting the cost of a repair from your rent. You signed a contract to pay that particular amount every month.
Would you like to stay in this condo long-term? You could offer to go ahead and extend your lease another year on the condition that the window is repaired or replaced.
Marketing a vacant property and preparing it for new tenants is expensive. If your landlord could avoid those costs by just fixing your window, and keeping you another year, maybe that would appeal to him/her.
posted by Ostara at 10:45 AM on January 6, 2016
Would you like to stay in this condo long-term? You could offer to go ahead and extend your lease another year on the condition that the window is repaired or replaced.
Marketing a vacant property and preparing it for new tenants is expensive. If your landlord could avoid those costs by just fixing your window, and keeping you another year, maybe that would appeal to him/her.
posted by Ostara at 10:45 AM on January 6, 2016
I would find a handyman - you might even try googling old window repair; I have a friend who specialized in just that for some time - get him to fix the window and pay him yourself. Result: window fixed, no further dealing with landlord, everybody happy. It is probably not going to cost the earth, maybe $100 tops. So if you can afford it, I would just do it and let it go.
posted by mygothlaundry at 11:14 AM on January 6, 2016 [2 favorites]
posted by mygothlaundry at 11:14 AM on January 6, 2016 [2 favorites]
The windows are probably owned by the HOA and it's possible the owner is not allowed to replace it anyway. Usually all windows are replaced all at one time for the whole building by the HOA. Check to see if there's an HOA contact you can talk to, as they might actually be the ones required to fix it.
posted by littlewater at 11:20 AM on January 6, 2016 [2 favorites]
posted by littlewater at 11:20 AM on January 6, 2016 [2 favorites]
Check to see if there's an HOA contact you can talk to, as they might actually be the ones required to fix it.
The HOA may have to fix/replace the windows, and they way they pay for that is to assess the residents for the cost. If your landlord wasn't willing to do it voluntarily for one window, he/she will be doubly unhappy about being forced to pay an assessment to replace ALL of the windows in the unit.
For sure, talk to your landlord about to possibility of finding someone else to fix the window and of deducting it from your rent. Get it in writing. Or just pay for it out of pocket and consider it a contribution to your quality of life.
posted by Ruthless Bunny at 11:24 AM on January 6, 2016
The HOA may have to fix/replace the windows, and they way they pay for that is to assess the residents for the cost. If your landlord wasn't willing to do it voluntarily for one window, he/she will be doubly unhappy about being forced to pay an assessment to replace ALL of the windows in the unit.
For sure, talk to your landlord about to possibility of finding someone else to fix the window and of deducting it from your rent. Get it in writing. Or just pay for it out of pocket and consider it a contribution to your quality of life.
posted by Ruthless Bunny at 11:24 AM on January 6, 2016
Is the "broken loading spring" a sash balancer? (I don't know if the terms are synonymous). If it IS a sash balancer then you can get a replacement online even for windows whose manufacturers have vanished. Once you have the replacement part it's a fairly easy handyman job to install it.
posted by anadem at 12:15 PM on January 6, 2016 [1 favorite]
posted by anadem at 12:15 PM on January 6, 2016 [1 favorite]
I agree with anadem--in my experience, guys who tell you "they don't make that anymore/I can't get that from my supplier" haven't checked the internet. If you can find the part online, buy it and have a handyman install it. Never breathe a word of it to the landlord or anyone else in the building because doing so probably violates your lease, the HOA and who knows what else. IANAL.
posted by purple_bird at 1:26 PM on January 6, 2016 [1 favorite]
posted by purple_bird at 1:26 PM on January 6, 2016 [1 favorite]
Response by poster: To answer a common question (which I actually answer in my initial post), the reason it won’t open is that the spring-loading mechanism is broken.
To be more specific, since I wasn’t that clear, there’s a tense piece of string that carries the load of the window so it opens easy, but on the broken window, it's loose, like it snapped or something. I don’t know if it’s a “sash balancer” or not. It looks like a piece of string along the side of the window frame. And the window guy said the parts that go to this window aren’t made anymore by the window company that makes it. And yes, this is an aluminum window, so it can’t easily be modded or anything — it just has to be replaced, I guess. I believe these windows were also custom ordered at the time because of their size.
Seems like I’d be best off getting guidance from a tenant’s right group and checking with the HOA. I did look up Oregon law, and it does say if landlords don’t make necessary fixes, the tenant can do it and deduct it from rent, but the wording was just a little vague and I’m not sure if my window is considered a necessary repair. Also, maybe finding a window company who can provide a second opinion may be a good idea too. The window guy who looked at my window apparently put the windows in originally when the building was renovated -- and these windows are horrible, even the working one, so I don't know if I should even trust them. Also to specify, I’m on a lower floor, so I could safely jump from my window in case of emergency.
posted by AspirinPill at 2:08 PM on January 6, 2016
To be more specific, since I wasn’t that clear, there’s a tense piece of string that carries the load of the window so it opens easy, but on the broken window, it's loose, like it snapped or something. I don’t know if it’s a “sash balancer” or not. It looks like a piece of string along the side of the window frame. And the window guy said the parts that go to this window aren’t made anymore by the window company that makes it. And yes, this is an aluminum window, so it can’t easily be modded or anything — it just has to be replaced, I guess. I believe these windows were also custom ordered at the time because of their size.
Seems like I’d be best off getting guidance from a tenant’s right group and checking with the HOA. I did look up Oregon law, and it does say if landlords don’t make necessary fixes, the tenant can do it and deduct it from rent, but the wording was just a little vague and I’m not sure if my window is considered a necessary repair. Also, maybe finding a window company who can provide a second opinion may be a good idea too. The window guy who looked at my window apparently put the windows in originally when the building was renovated -- and these windows are horrible, even the working one, so I don't know if I should even trust them. Also to specify, I’m on a lower floor, so I could safely jump from my window in case of emergency.
posted by AspirinPill at 2:08 PM on January 6, 2016
Response by poster: One other thing, I think with some sort of level that I could push down on, I may be able to pry the window open. Is such a thing sold and is it safe? It would be hard to open the window the crack or so everytime I need to do that (it is seriously so heavy), but is there a lever I could keep under the frame all the time in a fixed position? The window can be opened, as I said it's just way, way too heavy without the spring-loading mechanism working. For me, it's impossible to open.
posted by AspirinPill at 2:17 PM on January 6, 2016
posted by AspirinPill at 2:17 PM on January 6, 2016
A creative tinkerer could probably find a way to attach a light rope to the window without permanently modifying it, and then run the rope through a screweye in the ceiling or the wall above the window to a counterweight. If finding replacement parts or swapping parts from the other window fails and replacing the window isn't going to happen, this might be a reasonable workaround.
Whether it looks stranger than having your desk facing the hallway is your call. Find something really cool looking to use for a counterweight and call it art.
posted by MoTLD at 10:09 PM on January 6, 2016
Whether it looks stranger than having your desk facing the hallway is your call. Find something really cool looking to use for a counterweight and call it art.
posted by MoTLD at 10:09 PM on January 6, 2016
If you do decide to look for parts online: check all over the windows for any stickers indicating the manufacturer. If there are any codes, write those down too. These are your fuel for searching. Just because the manufacturer has quit making them doesn't mean you can't buy them. There are loads sellers online with warehouses full of old parts no longer manufactured.
posted by purple_bird at 8:56 AM on January 7, 2016 [1 favorite]
posted by purple_bird at 8:56 AM on January 7, 2016 [1 favorite]
This thread is closed to new comments.
You need to decide how much of this is a deal breaker for you. Getting a rent reduction is pretty abstract. I mean, it's not a hazard per se, it's inconvenient, so what's that worth? $20?
If you're really unhappy, would you want to end your lease and move out early?
Just some things to think about.
posted by Ruthless Bunny at 8:46 AM on January 6, 2016