If my landlord has failed to fix my hot water heater for a little over 2 months now, is there anything i can do about it?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If my landlord has failed to fix my hot water heater for a little over 2 months now, is there anything i can do about it?

I have been unable to take a shower whenever i want for a little over two months now. They have replaced a couple parts but it has not solved the issue. I requested that they come out every day and relight the pilot which they agreed to but have failed to do. I keep having to re light it. I know this isn’t the trickiest thing in the world to do however, it should not be my responsibility.

Asked on August 1, 2012 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you have provided written notice to the landlord and a reasonable opportunity to fix the problem but they have not, you should be able to hire someone to fix it and deduct the cost of the service call from your rent. (This called "pay and deduct" and its a remedy sometimes available to tenants.)  Be prepared that if the landlord takes legal action to recover that money from you, a court could conclude that the problem was not serious enough as to warrant the service call (i.e. that you should have re-lit the pilot yourself) and award the money to the landlord. Therefore, if you do this, be sure you keep the money somewhere safe (e.g. in your savings account) and don't spend it, so you could pay it to the landlord if required to do so.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Given the fact that your landlord has not adequately repaired your water heater after numerous attempts, I would write him or her a letter giving a due date to have the system in order or you will fix it yourself by hiring a repair person and will debit the cost of such from your next month's rent. Keep a copy of the letter for future use and need.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption