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Legal question about the house we rent

Thread in 'General Discussion' started by troutman, Dec 6, 2018.

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  1. troutman

    troutman ODT Junkie!

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    We sold our other house and are renting for a year so the real estate market will hopefully not be so overpriced.

    With that said. Our heat runs off the hot water and the water heater quit working 9 days ago. So we have neither heat or hot water. The landlord sent a plumber over to try and repair the system, but by his own admission, it's beyond his capabilities. I called a buddy who is a commercial HVAC tech and he hooked me up with a guy that feels confident he can repair it.

    My landlord doesn't want to use him, he just sends the same plumber over to change out parts.

    My question is, after 9 days of no heat or hot water, what are my legal options? I'm pretty patient and understand things happen, but it's cold and 9 days is long enough.
    Thanks for any advice.
     
  2. mcdougmd

    mcdougmd ODT Junkie! Supporter

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    Ask the small claims court judge or a lawyer.
     
  3. palmettomoon

    palmettomoon The Hen that laid the Golden Legos Supporter

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    I'm not sure about GA but in Chicago you can withhold rent in the amount of a repair that you contract for if the landlord won't. Georgia law may favor neckbeard landlords and slumlords, YMMV.
     
  4. BIKER13

    BIKER13 VIKE just kill it Supporter

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    then he will throw you out
     
  5. Peanut Butter

    Peanut Butter ODT Junkie!

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  6. sparked1

    sparked1 The Hen that laid the Golden Legos Supporter

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    A house fire generates a good amount of heat.
     
  7. MegaFan

    MegaFan ODT Junkie!

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    This is not legal advice but, having been involved in real estate for more years than many on here have been around, I will offer a reference.

    Failing to make repairs can lead to an often used term/condition known as “constructive eviction”. If a landlord fails to make needed repairs, and a tenant decides to move out because of the failure to complete the repairs and make the unit “habitable”, constructive eviction may be used to go to court if the landlord decides to sue for any remaining rent.

    Been there, done that, on both sides of the law.
     
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  8. Kahrnut

    Kahrnut The Hen that laid the Golden Legos

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  9. The Old Jaybird

    The Old Jaybird ODT Junkie!

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    Not a lawyer, don't know if this would "fly", but I would tell the landlord that you are going to withhold a proportional amount of rent for every day you are without heat/hot water. Use the "constructive eviction" language above. You pay your rent for quarters that are livable, it isn't livable, therefore no rent is due.

    Had a similar deal with my son and grandson renting a house from "American Homes 4 Rent" about 5 years ago, cold weather and furnace died. He argued that it was unsafe for his minor son, they fixed it with new furnace, then raised his rent on the annual renewal enough that they would recoup the price of the furnace in a year. He moved then.
     
  10. TresMonos

    TresMonos The Hen that laid the Golden Legos Supporter

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    It comes down to the lease.....what does the lease say about the Landlord's responsibility to maintain the property?
     
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