#LandlordIssues #HotWaterHeater #RentalProblems
Hey everyone, I could really use some advice here! 🆘 My hot water heater tank blew yesterday, and my landlord is refusing to fix it. Here’s a quick rundown of my situation:
– My landlord and his wife are in the middle of a divorce, and he can’t come to the property due to a restraining order.
– His wife, who is currently in charge, doesn’t have the funds to repair the tank and wants my landlord to take care of it.
– My landlord is suggesting that I call my gas company to replace the tank and add it to my bill, or to contact his wife and claim she’s equally responsible for the repairs.
So, what should I do in this situation? 🤔 Here’s my brother’s idea and my possible solutions:
– Brother’s idea: withhold rent for three months and find a new place to live.
– My idea:
– Maybe seek legal advice to know my rights as a tenant.
– Consider reaching out to a tenant’s rights organization for guidance.
– Look into local laws or regulations that might apply to my specific situation.
Any thoughts or suggestions would be greatly appreciated! Let’s try to find a solution together. 💬 #HelpNeeded #TenantRights #SolutionSeeker
What state?
Not having hot water is a defect under the implied warranty of habitability and you can withhold rent so long as you can document you notified your landlord and gave them reasonable time to fix it, which would be days not weeks and certainly not months. It’s probably also a code violation for you to live there without hot water.
You mentioned this is in MA in the comments, so:
https://www.mass.gov/info-details/tenant-rights
> The landlord must also provide the facilities to heat the water at a temperature between 110º F and 130º F, however your written tenancy agreement or lease may require you to pay for and provide the fuel to heat the water.
> The Massachusetts Supreme Judicial Court ruled that when a landlord fails to maintain a dwelling in habitable condition, a tenant may properly withhold a portion of the rent from the date the landlord has notice of this breach of warrant of habitability. Rent withholding can be a useful tool to force repairs, but it is a serious step and should be dealt with carefully. You may want to get legal advice before withholding your rent since the landlord may try to evict you for non-payment of rent.
Find a plumber, get a quote, submit it to your LL(s), state that you will have the plumber fix it and withhold the amount paid in the next rent payment unless they take care of it.
Alternatively, call your local building department and file a complaint with them. Not having a hot water heater violates building code and habitability. They can then force the owners to get it together to fix it.
Which path you choose is really a matter of timing and what you want to deal with.
Replacing a hot water heater is not something the utility company will do. It also will cost $4k+. I just had mine done this week. Probably alot more because I’m assuming it needs to a pretty large tank for multiple people. The quotes we got were for a simple 40gal.
MA attorney, not yours, not advice
You could, as noted above, withhold rent but you would have to give notice to your landlord and hold the funds in a separate account.
Is the water heater only for your unit, or for several units? If just yours, you may consider getting a licensed plumber, after at least three separate quotes, to install an identical water heater and claim a right of set off against the rent. If multiple units I wouldn’t take any action, too many potential liabilities.
Your landlord is not only breaching the implied covenant of habitability (BHA v. Hemingway 363 Mass. 184 (1973)) but also interfering with your quiet enjoyment (c. 186 sec. 14). They have separate damages too. Habitability is FMV(repaired) – FMV (disrepair) + consequential damages. Quiet enjoyment is greater of 3x rent or actual damages + attorneys fees and costs. The liability for your landlord is MASSIVE and I would be sure he understands that. If you need to stay in a hotel or move out, all costs associated could be considered consequential damages of the LL breach.
Definitely speak to an attorney, many are willing to take your case on a contingency or hourly but nothing upfront. Hope this helps, best of luck!