How long is reasonable formy landlord to repair my heat?
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How long is reasonable formy landlord to repair my heat?
It has been 10 days and my landlord says they are doing “everything they can”. Heat not working since 11/17, and have sent letters saying I will not be paying rent for the days I have not had heat, as well as saying that heat is an essential service, and to not provide it is a violation of the terms of my lease. They have sent various people to the house but no repairs, no heat. They provided 2 oil heaters to me however using them causes my electrical breakers to flip (they are aware of this). They seem to think this is an adequate solution; it’s not. I relocated my family to a hotel for 3 days. What are my rights? Can I withhold rent/pay less? Should I pay full rent and sue?
Asked on November 26, 2010 under Real Estate Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
At this time of year 10 days is not reasonable. Every lease as what is known as an "implied warranty of habitability". What this means is that if your rental is rendered inhabitable (unlivable), you as a tenant have certain rights. You can:
- Repair and deduct - You can fix the problem and charge the landlord for reimbursement;
- Withhold Rent - You can withhold any further rental payments until the heat is restored; or
- Terminate your lease - You can choose to end your tenancy and move.
You can also hold your landlord liable for reimbursement of any expenses incurred as a result of your move. However, before pursuing any of these self-help measures you need to consult with a landlord-tenant attorney. If you do not follow the proper procedures for attempting any of the above remedies you could be held monetarily liable. At this point either hire an lawyer or contact a tenants rights organization, Legal Aid, or the state/county bar association. A local law school clinic might also be of help.
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