Comments on: Baby, It's Cold Outside!

Question: Baby, It's Cold Outside!

chara — Wed, 02 Jan 2008 13:57:50 -0800

A window in our apartment was broken by the previous tenants. When my roommates and I moved in this summer, our landlord told us that he'd get it fixed within 6-8 weeks. Winter's here, it still hasn't been fixed and it's causing our utilities to skyrocket. I know YANAL, but we need a bit of legal advice...

We've contacted our landlord several times about the issue, but nothing has been done. One roommate suggested offering the following ultimatum to our landlord: Fix the window or we'll just hire someone to fix it and deduct the cost from our rent.

I'm not sure if this is legal or wise, but I don't have any other solutions.

So my question is two-fold:

a) Is my roommate's idea feasible?
b) If not, what else can be done

By: voidcontext

voidcontext — Wed, 02 Jan 2008 14:04:12 -0800

You need to carefully follow whatever process your state has (Kansas or Missouri), or you'll end up being the one in the wrong.

By: SpacemanStix

SpacemanStix — Wed, 02 Jan 2008 14:08:29 -0800

You might find this link helpful. It's a list of landlord-tenant laws for every state. I didn't look through every one, but the link for California includes what to do if you have a dispute.

http://consumerist.com/consumer/renting/landlord+tenant-law-for-every-state-329945.php

I'm fairly certain that you won't be able to force an ultimatum on your landlord, as you are legally obligated contractually to your portion of the rent. However, it is common to make arrangements with a landlord to have work done (such as painting or carpet replacement) where you can have the costs deducted from the rent. Your landlord may be up for it, if he's simply being too lazy to do it himself. But he would need to approve it beforehand.

By: bobot

bobot — Wed, 02 Jan 2008 14:09:19 -0800

See if Nolo (http://www.nolo.com/) has a guide to tenancy in your state. I have a lazy absentee landlord and have put the Nolo guide to tenancy in MA to great use.

By: SpacemanStix

SpacemanStix — Wed, 02 Jan 2008 14:15:11 -0800

Well, I'll be.

I was reading the link for California, and there is a way to deduct costs from rent if it breaches "the implied warranty of habitability," or it affects your health.

"The 'repair and deduct' remedy allows a tenant to deduct money from the rent, up to the amount of one month's rent, to pay for repair of defects in the rental unit."

More here: having repairs made

Of course, this law may vary depending on the state you are in.

By: SpacemanStix

SpacemanStix — Wed, 02 Jan 2008 14:21:12 -0800

I just noticed from your profile where you are from. Here's the page that talks about rental deductions for repairs for your state, and when they are allowed:

link

It looks like you have something to work with here.

My guess is that simply threatening to act on this may get his butt moving.

By: deadmessenger

deadmessenger — Wed, 02 Jan 2008 14:24:13 -0800

In the meanwhile, regardless of whatever your local landlord-tenant laws allow you to do rent-wise, get a piece of cardboard and tape it over the broken window to mitigate the heat loss! There's no reason to pay out the wazoo for wasted heat when a temporary remedy is pretty quick.

By: fructose

fructose — Wed, 02 Jan 2008 15:10:30 -0800

1-Did you contact them IN WRITING? If not, you need to do so ASAP. That's the only way it really counts, usually. IANAL, but I used to work for one who did real estate law and was a landlord themselves and I used to work for a realtor/property manager.

2-
Did you get the landlord's agreement in writing? See #1.

When there is any shred of doubt that someone won't follow through on an agreement- get it in writing.

By: phearlez

phearlez — Wed, 02 Jan 2008 15:13:05 -0800

If you do fix it with cardboard I'd suggest two pieces, both slightly larger than the window pane. Duct-tape them down on either side creating an insulating layer of air between them - it'll make a big difference.

By: batcrazy

batcrazy — Wed, 02 Jan 2008 15:43:40 -0800

Seconding fructose's suggestion of writing a formal letter to the landlord. In my experience, writing such a letter to almost anyone usually produces quick responses. The best letters state the following:

1. Factually/Logically lay out the problem (don't get emotional about it--just give the facts).
In this instance, something like "We (names) moved into apartment X on Y date. At the time we moved in, the window in the Z corner of the living room was broken. Landlord (name) told us at the time of move in (particular date/time if you recall it) that it would be fixed within 6-8 weeks. As of this date, the window is currently still in need of repair. Due to the weather conditions in our area, this has resulted in a significant heating problem in our apartment

2. Quote relevant L/T laws. Something like:
Upon review of the Missouri Landlord Tenant Law, landlords have an obligation to provide tenants with .... (a safe/warm/in reasonable repair premises--quote the law and even footnote the website you got the law from--bonus points if you are able to put in a code or law section number!).

3. Offer the solution WITH A DEADLINE.
We would like the window to be repaired or replaced within ten days time.

4. State Logically your next step if Solution isn't completed by deadline.
If the repair is not made within ten days, we will repair the window at our own cost and deduct the reasonable cost of repairs from our next month's rent. (If there is a law that allows this, quote it. If not, your next step should be something like reporting landlord to local L/T board or putting rent in escrow until repairs are made...whatever dispute resolution system is available to you in your state).

Sign the letter.

In my experience, a properly written, unemotional letter works wonders! I had a landlord come out and fix a long-standing problem in the same HOUR I dropped the letter off at the main office.

Good luck!

By: pickingoutathermos

pickingoutathermos — Wed, 02 Jan 2008 15:45:40 -0800

Me and my roommates had this exact problem, except our landlord refused to fix it !

What I ended up doing was finding out which city bylaw it violated, and phoning the
bylaw officer in our city. He inspected the broken windows, and then sent our landlord
a letter explaining she would be charged a large fine if she didn't fix them.

Suffice to say, we got our windows fixed in a hurry.

By: theora55

theora55 — Wed, 02 Jan 2008 16:22:12 -0800

IAAL (landlord) Call the landlord and say, "I know you're busy, but this is really a problem. Can we just get it fixed and deduct it from the rent?" If it's a small time landlord, who's disorganized, or out of state, or drunk, or whatever, she'll be happy to have it resolved. Then call a handyperson and get it done. Mostly, windows are easy to repair. Double-paned replacement windows are more complicated to repair. It's not unreasonable to ask for a rebate for utility costs.

If you're dealing with Big Mean MegaCorp, then call the Tenant Rights/Legal Aid office in your area. They'll be listed in the community info section of the deadtree phone book.

By: Camofrog

Camofrog — Wed, 02 Jan 2008 17:42:19 -0800

What everybody said, but also this to consider: fixing a window is not likely to cost much. I'd inform the landlord that unless he/she deals with it immediately you'll have it done yourself and deduct the cost from the next rent payment.

Landlords, they must be trained.

By: Camofrog

Camofrog — Wed, 02 Jan 2008 17:44:21 -0800

Which is pretty much exactly what the post above mine said, but instead of asking, you politely demand.

By: dhartung

dhartung — Wed, 02 Jan 2008 19:40:08 -0800

In order to take advantage of rent abatement, you absolutely must follow certain steps which vary by jurisdiction, or you can potentially face eviction. Be sure you know what these steps are before proceeding.

That said, with a habitability issue such as a broken window in winter (!) just tell the landlord they have until next Friday or you call the city. Should be sufficient. And follow through if not.

By: whatideserve

whatideserve — Wed, 02 Jan 2008 20:23:03 -0800

If you're in KCMO, you want to contact the Neighborhood Preservation Division if your landlord doesn't respond to your threats to call. (Your landlord also has to register with them now.)