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  1. #1
    mrking26 is offline Junior Member
    Join Date
    Feb 2009
    Posts
    3

    furnace does not work and landlord won't replace

    West Virginia. The house I am renting does not have a working furnace. It did not work when we moved in and signed the lease. We were going to move because we couldn't live there through the winter without a furnace and our landlord said he would send someone to look at it and put in a new one. He never sent anyone. I looked up the housing laws for WV, and they state that he is responsible for the furnace. Is this true even though we signed a lease that said the furnace didn't work? Is it illegal for him to rent us the house without a furnace in it? I was told not to send him any more rent until he puts one in. Can he evict me for non-payment of rent even though he is not following through with what he said he would do?
  2. #2
    FarmerJ is offline Senior Member
    Join Date
    Apr 2002
    Location
    snowland
    Posts
    11,101
    before holding rent back , [url]http://www.wvago.gov/pdf/Tenants_rights.pdf[/url] is what I found, First page 4 > • Your landlord is required to maintain your housing
    in fit condition from the time you move in until the
    time you move out.
    • You have the right to complain about unfit housing
    conditions to your landlord or to the local government
    agencies, such as the Building Code Inspector,
    Fire Marshall, or Health Department.
    • Your landlord cannot evict you in retaliation for
    complaining about unfit housing conditions. It is unlawful for your landlord to lock you out,
    shut off your utilities, refuse to make repairs, or
    do other things to evict you without going through
    the court. page nine >The first and most important step you should take in enforcing your right
    to decent housing is to notify your landlord about these problems. The
    best way to notify your landlord is to send a certified letter, return receipt
    requested, listing all of your complaints and demanding that the problems
    be corrected within a reasonable time, usually within 7 to 10 days.
    Before mailing, always make a copy of the letter to keep for your records
    H u n t i n g t o n H u m a n R e l a t i o n s C o m m i s s i o n 6
    and to use later as evidence in court if necessary. The law requires
    your landlord to correct the problem promptly and properly.
    A responsible landlord will investigate your complaint after
    receiving your certified letter and will then make any necessary
    repairs in a prompt and proper manner. However, if your
    landlord fails to take action after receiving your letter, it may be
    necessary for you to enforce your rights by filing a civil suit
    against your landlord in court. At this point, it is best to consult
    with a lawyer to obtain further guidance on how to proceed. If
    you cannot afford to hire a lawyer, you may be eligible for help
    from a legal service program which helps low-income people.
    To find out if you are eligible for assistance, you should contact
    Legal Aid of West Virginia, toll free, at 1-800-642-8279. PAGE 12 > In some states, tenants have the legal right to withhold their rent in
    order to pressure their landlords to make needed repairs. In West
    Virginia, however, tenants do not have the legal right to withhold
    their rent as a way of pressuring the landlords to obey the law.
    The statute (West Virginia Code 37-6-30) which requires landlords
    to make sure that rental housing is maintained in a fit and
    habitable condition at all times, excuses landlords from the duty to
    make repairs when the tenants are behind in their rent. For this
    reason, even if your landlord has failed to make necessary repairs,
    it is likely that your landlord will file a suit to evict you for nonpayment
    of rent if you decide to withhold your rent. page 17 >> 37-6-30 Landlord to deliver premises in fit and habitable condition - duty to maintain premises
    With respect to residential property:
    (a) A landlord shall:
    (1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased
    property in such conditions;
    (2) Maintain the leased property in a condition that meets requirements of applicable health, safety, fire, and housing codes, unless the failure to meet those
    requirements is the fault of the tenant, a member of his family, or other person on the premises with his consent;
    (3) In multiple housing units, keep clean, safe, and in repair all common areas of the premises remaining under his control that are maintained for the use and
    benefit of his tenants;
    (4) Make all repairs necessary to keep the premises in a fit and habitable condition, unless said repairs were necessitated primarily by a lack of reasonable care by
    the tenant, a member of his family, or other person on the premises with his consent;
    (5) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances,
    including elevators, supplied or required to be supplied by him by written or oral agreement or by law;
    (6) In multiple housing units, provide and maintain appropriate conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy
    of the dwelling unit; and
    (7) With respect to dwelling units supplied by direct public utility connections, supply running water and reasonable amounts of hot water at all times, and
    reasonable heat between the first day of October and the last day of April, except where the dwelling unit is so constructed that running
    water, heat or hot water is generated by an installation within the exclusive control of the tenant.
    Last edited by FarmerJ; 02-23-2009 at 04:34 PM. Reason: more

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