Landlord Didn't Fix Furnace, Pipes Broke

Landlord Didn't Fix Furnace, Pipes Broke

Investor · Albany, NY · Member since 2014 · 129 posts · 28 votes

I'm a real estate investor and a tenant. The past six weeks the heat in my apartment has been erratic, sometimes with the furnace just not working. The landlord downstairs found a way to get it working for a day, and then it's out again. Last time, I came back from a 17 day vacation (that I told the landlord I was going on) to find the heat not working, the indoor temperature had gone down to 42 degrees, and the landlord and his wife were on a Caribbean vacation. Four days later, the heat was back on. Then it went out again two more times, and it happened when the outside temperature was below zero.

Yesterday and today there were four broken pipes. I have some damage to my belongings, mostly books.

I didn't want to hijack other broken pipe threads with my question. Does anyone have any thoughts on me deducting Airbnb costs (where I go when there's no heat and/or burst pipes) and high utilities -- landlord has five space heaters going in my apartment to prevent more broken pipes going forward - and replacing damaged things?

Also, if I wanted to move out, what's the best way to do it?

Thanks for any suggestions.

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  • Rental Property Investor · Clearwater, FL · Member since 2013 · 125 posts · 55 votes
    7y

    ugh, i feel for you.  first, read your lease very carefully.  you will be required to give written notice (certified letter best for proof) to Landlord of the problems.  clearly Landlord is aware by now of the problems, and is trying to fix the situation.  (he probably can't find someone to come out sooner, thus the space heaters, but that's really his problem, not yours.)  but if you haven't sent the letter already, you should now.  

    if you want to move out, carefully read your lease again.  you are legally required to pay the full year's lease.  so anything less will be a decision made by you and the Landlord.  

    your city or county may have a free Landlord-Tenant office to help with disputes.  there may be specific local laws about withholding your rent payments (you may face an eviction record if not done properly), or allowances to let you repair the furnace and have the Landlord pay you back.  

    also, you might want to buy a cheap wall thermometer, and take photos of it with your phone (which will record the date/time) when the indoor temp goes below 65 degrees.  finally, check your Renter's Insurance.  good luck!!!

  • Investor · Albany, NY · Member since 2014 · 129 posts · 28 votes
    7y

    Cathy, thank you for your reply.  There was a lease, but it expired in November and we are month to month because the landlords know I made an offer on a short sale which has been delayed.  I will still use the lease for guidance, but it gets to be an issue re clarity going forward.   I'm going to move out in April, regardless of the short sale delays possibly continuing, I think.

    I appreciate your advice.

    Kate

  • Walnut Creek, CA · Member since 2015 · 3k+ posts · 2k+ votes
    7y

    This is why you have renters insurance...or you should have it.  

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