Landlord is letting us freeze?

Question

So we gave our notice to move out last month. We are due to move out the end of the month. well the same night that the blizzard hit CT our heater broke, its been on the fritz and their mechanic claimed nothing was wrong with it last time he came by. So I called the landlord and he asked "aren't you guys moving out?" (in a very indignant tone) he then told us to call the gas company to see if they would send someone out for free due to some insurance plan he had with them. I called and they said that plan expired a couple years ago. Now the landlord is not returning my calls, nor are any of his real estate agents. The temp of the apt has dropped below 50 and we can not afford space heaters or to have it repaired ourselves.... tell me isn't this illegal?... but what can we do? its like they are saying, "well we aren't getting any more money out of you so why would your comfort benefit us?"

Answer 1

when a unit is UNINHABITABLE, you have what in law is called

a "constructive eviction." When that occurs, you inform the landlord

of the situation, and you move out. YOUR lease has expired as of

that moment. IF, on the other hand, he is getting it repaired in 1-2

days, and you wish to tolerate it till then, that is another matter.



YOU have to decide and courts don't like wishy washy. YOU

either are EVICTED by the condition of the unit or you are

inconvenienced.



IF the LL goes to court to sue you for future lease payments

or to answer YOUR suit for UNEARNED prepaid rent,

you need to explain the situation. 2 mo is not acceptable.



[also, in any circumstances, if the small claims court

judges against you, you can appeal to the superior court

but i have never ever known anyone who has been

Constructively evicted to lose his case.

------if it is an easy repair item:



Maintenance Issues with the landlord

a; Needs must be put into writing to make

them “official.”

B; the Landlord needs to be given 30 days

unless they are emergency needs like water

or ac/or heat or roof falling in/window/door out.

C; if the LL does not perform the repairs-

after 30 days, [non emergency ones]

call 3 licensed contractors who perform this

type of work. Hire one of them. Make sure

you are happy with their work. Pay them

when they are finished and get a receipt

which shows what they did.

D; when rent is next due, pay it MINUS

the amount paid for repairs].

E; send a copy of the paid invoice.

F; if the landlord complains about non payment

of rent [or insufficient rent], and sues you,

go to court and show the judge your paid

receipts. If you win [in 99% of all cases, the

tenant wins these cases], you get your filing

fees back and 3x what you pay in rent

for DAMAGES in a RETALIATION eviction.

G; IF this is not a regular repair, but one that

makes the unit uninhabitable–that is

called a “constructive eviction” and it permits

the tenant to call the landlord and inform him

that you are leaving, having been thusly

evicted by the condition of the unit.



HE must return unearned rent [the rent

for that day and all the rest of the month]

to you no later than 15 days.



[I had an AC unit go out and I was too stupid to buy the insurance for

applicances......I had to pay the hotel bill for the tenant.]

Answer 2

You can try calling your local city hall or equivalent, and finding out whether there is a renter's mediation board or something similar.



However, if you are moving out in a few days, what I would do is get a small space heater. You can find them at drugstores for only about $20. You might even be able to borrow one from a friend for a short time. The electricity used by such a heater is a dollar or two a day, no more. Just heat one room, like a bedroom. And wear your coats indoors.



In the bathroom, take long, hot showers, and leave the door open. That will provide both humidity and heat. If you have the kind of shower with a tub underneath, close the drain on the tub and allow it to fill while showering. That big mass of hot water will radiate some heat for a while, too, instead of vanishing down the drain.



In the kitchen you could get some heat distributed by boiling a big pot of water on the stove, just set a timer so you don't forget it's there. I don't suggest using the oven for heat, too dangerous.

Answer 3

Your landlord is responsible for providing a working heating system that can heat your home to at least 65°F. If the heating system doesn't work properly and your landlord fails to fix it, she/he can be arrested.



If you don't have heat, there are steps you can take to get heat when you need it right away:



1. Use a thermometer to check the temperature in your home. Write down the date, time and temperature.



2. Contact your landlord or the manager. Ask for heat of at least 65°F.



3. If you cannot contact your landlord or the manager, or if they don't resolve the problem, contact your local housing or health code enforcement official. You can usually find these health officials through the blue pages in the telephone book, through your town hall, or through the CT Department of Public Health's website. If you cannot find the health official, call the Connecticut Department of Public Health at [phone]. Ask for their help in arranging adequate heat.



4. If you still do not have heat, or if the housing code enforcement office is closed for the night or weekend, contact the police and ask that your landlord be arrested. Tell the police that the law being violated is "Connecticut General Statutes section 19a-109." The police officer will take the temperature in your apartment. If it is 65° or higher, the officer cannot do anything, so if you are using a space heater or your stove to heat a cold apartment, there may not be evidence that the landlord has broken the law. It is dangerous to use a stove for heating unless the stove is specially equipped to provide heat. You may need to be insistent with the police and file a formal complaint. Often the threat of arrest will "encourage" your landlord to arrange for adequate heat for you.



It doesn't matter if you are moving out or not. They are still bound by law to maintain the apartment and the heat.

Answer 4

Sounds like you will have an UNINSULATED residence!!. You might want a $a million,000-three,000 of insulation & $four hundred of caulk, to get the gasoline invoice right down to in which SHOULD be. Is the air conditioner in a window OR by way of the wall? If in a window, get a screwdriver & do away with it. Don't ask, do exactly it! If it is a by way of the wall, doing away with it'll simply provide you a significant rectangular gap. Is the air conditioner set for within or external air? This does not subject, whether or not it is strolling or no longer.Set for external air, this is a gap within the wall!!!! One layer of well plastic must kill the draft (air leakage). Additional layers would possibly not do whatever for insulation (warmth loss) functions. Install the warmth reduce plastic over the home windows! (Temporary, kill the air leakage!!!!) If it takes to the air the paint, they did a POOR activity of portray the home windows. They painted over unhealthy / greasy / excessively soiled paint. This is ALL the warmth reduce MIGHT do to the home windows. If it motives a foul moisture / water disorders, they have got a few REALLY crappy home windows (The home windows must be upgraded!!!!). Weatherstripping, in case you set up & then go away it, is an UPGRADE, they may be able to NOT say whatever approximately this!. You made the residence / condo BETTER, at YOUR possess fee!! If you had been to put in weatherstripping,(mainly everlasting, no longer transitority) then do away with it, they COULD say some thing approximately this! Sorry approximately the warmers, The National Electric Code calls for one 15 amp circuit consistent with six hundred rectangular ft (20 ft by way of 30 ft), minimal. . A moveable heater, irregardless of bodily dimension is approximately 1500 watts or 12.five amps. Two WILL go back and forth a fifteen or 20 amp circuit.

Answer 5

Call your local Code Enforcement Office and they will kick your landlord's behind with a hefty fine.

Answer 6

until your arrangement is done and he gives back your down payment you gave him when you first moved in he is obligated to fix the problem if he does not he has voided said agreement thus u can sue.

Answer 7

call your local board of health or health dept, they will take care of your problem or point you in the right direction