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Kevin Nolan
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Tenant demanding I fix one radiator that is not working

Kevin Nolan
Posted

BACKSTORY: I'm a new landlord who inherited a very high maintenance tenant who was on a month to month term. I made the big mistake in fixing the requests she "demanded" because I thought it was the right thing to do. Then I started receiving texts from her every other day requesting something new.

After I agreed to sign her to an annual lease the very next minute she texts me to tell me that the radiator suddenly just so happened to "stop working". I thought it was very suspicious that she waited until I signed a lease with her to then suddenly have the one radiator be broken. I'm 99% sure it wasn't working before but didn't want to say anything until she was under contract. Anyways, I called the HVAC professional to come in to try to fix the issue. He told me that the living room radiator in the unit is the only one that isnt working, but the rest of the house is warm and heating properly. I asked if it was an urgent matter to get a plumber in to fix the one radiator and he responded "Not a urgent matter at all that house is hot I had to take my jacket off that zone just had no heat to it".

The very next day the tenant texts me "Please let me know when someone is going to fix the living room radiator? Apartment is cold". 

Would someone be able to explain my rights with this? Do I really have to go in and fix this radiator if the rest of the house is heating perfectly fine? I'm worried I'm getting walked over on right now and it will only get worse. I am also sending her a text tomorrow notifying her I'm no longer accepting texts as a way of communication unless its an emergency, setting office hours, and that all repair requests will be needed to fill out a work order request and email to me. 

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Jill F.
  • Investor
  • Akron, OH
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Jill F.
  • Investor
  • Akron, OH
Replied

You need to list your location. The rules vary from state-to-state and even city-to-city. However,  around here (Ohio) courts have decided that a 'reasonable temperature' for a heat furnished apartment is 68 F.  Is the broken radiator the only heat source for a room that is closed off? I think section 8 here does require a permanent heat source in each closed room but you can install a baseboard heater to meet that requirement instead of the central heat. Check the temp in her apartment and if it exceeds 68F and there are multiple heat sources in the space in question, if you plan to fix it eventually, tell her the radiator fix is on the list. If you don't plan to fix it, tell her you're not going to fix it and offer to let her out of her lease 'since you're not happy here' (the happy clause)

We often find when we take over apartments that there is a backlog of maintenance. It usually takes us about 6 months to stabilize a new place.

Also, just curious-- If she is whining about unreasonable stuff, why did you offer her a lease? Did you tell her what the heating guy said?

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