My landlord has not provided heat since 12-05-05

[rmmote]

What is the name of your state? South Carolina

A rent check was issued to the so called property manager who looks after the house I live in. When the check was given to her, she was advised that the heater was not working. She stated I should call the gas company. I called the gas company and they told me because they did not install the heater that is in the house they would not service it. Property Manager was advised of said information. Nothing was done. I wrote the check on 12-05-05. Since she did not do anything about the heat issue, I put a stop payment on the check 12-12-05. Her husband is a police officer and she tried to intimidate me with she was going to get a warrant for my arrest. She is claiming I wrote a fraudulent check. I did not. Funds were in the bank. On top of the heat I do not have sufficient running water, which she also stated
that "I" would have to contact the water company. There are times where there is no water pressure in my house at all. She sent me a certified letter demanding payment within 10 days. I still have no heat and she has not made any attempt to get it fixed. Since then we have found another house to move into. Is there a remedy to this? Is my check considered fraudulent? Per laws, if I intentionally wrote a check knowing there was no funds then it would be considered fradulent. But I did not. She did not provide services, so I issued a stop payment.

 

[south]

You were incorrect to stop payment on the check. Best unstopeth thy check.

Tenants cannot stop paying rent every time they have a problem or they believe something is an issue, if you have a problem start by putting it in writing and begin a paper trail.

What is the name of your state? South Carolina

A rent check was issued to the so called property manager who looks after the house I live in. When the check was given to her, she was advised that the heater was not working. She stated I should call the gas company. I called the gas company and they told me because they did not install the heater that is in the house they would not service it. Property Manager was advised of said information. Nothing was done. I wrote the check on 12-05-05. Since she did not do anything about the heat issue, I put a stop payment on the check 12-12-05. Her husband is a police officer and she tried to intimidate me with she was going to get a warrant for my arrest. She is claiming I wrote a fraudulent check. I did not. Funds were in the bank. On top of the heat I do not have sufficient running water, which she also stated
that "I" would have to contact the water company. There are times where there is no water pressure in my house at all. She sent me a certified letter demanding payment within 10 days. I still have no heat and she has not made any attempt to get it fixed. Since then we have found another house to move into. Is there a remedy to this? Is my check considered fraudulent? Per laws, if I intentionally wrote a check knowing there was no funds then it would be considered fradulent. But I did not. She did not provide services, so I issued a stop payment.

 

[ENASNI]

What is the name of your state? South Carolina

A rent check was issued to the so called property manager who looks after the house I live in. When the check was given to her, she was advised that the heater was not working. She stated I should call the gas company. I called the gas company and they told me because they did not install the heater that is in the house they would not service it. Property Manager was advised of said information. Nothing was done. I wrote the check on 12-05-05. Since she did not do anything about the heat issue, I put a stop payment on the check 12-12-05. Her husband is a police officer and she tried to intimidate me with she was going to get a warrant for my arrest. She is claiming I wrote a fraudulent check. I did not. Funds were in the bank. On top of the heat I do not have sufficient running water, which she also stated
that "I" would have to contact the water company. There are times where there is no water pressure in my house at all. She sent me a certified letter demanding payment within 10 days. I still have no heat and she has not made any attempt to get it fixed. Since then we have found another house to move into. Is there a remedy to this? Is my check considered fraudulent? Per laws, if I intentionally wrote a check knowing there was no funds then it would be considered fradulent. But I did not. She did not provide services, so I issued a stop payment.

You really should have thought twice before you did this. Your state's laws do allow for a recovering of damages if your landlord willfully does not keep up with any repairs or such forth, but you did not do it within those laws.

Pay the money NOW! Eat a little crow... sorry it is necessary. And write a letter you know is received. (CRRR) get yourself some heat << shiver>>... But do not ever recind a check.. I am not sure of the legal repercussions of that at this point but an apology check might take care of that.

You need to read your state's laws about this sort of thing.

Sorry for your heat and water losses, but do it RIGHT!

http://www.scstatehouse.net/code/t27c040.htm

 

[rmmote]

With no disrespect intended this is absurd. I do have a paper trail of when problems were discussed, when I went to town hall to advise the utilities manager about the water situation. I have always paid my rent on time, but it's cold where i'm at and I have an 8yr old dtr. The degress have gotten down to 20 to where it is freezing inside the house. What about the implied warranty of habitability?

 

[south]

So what... The question you asked was is it ok to stop payment on the check under the circumstances of your question.

The answer is no.

With no disrespect intended this is absurd. I do have a paper trail of when problems were discussed, when I went to town hall to advise the utilities manager about the water situation. I have always paid my rent on time, but it's cold where i'm at and I have an 8yr old dtr. The degress have gotten down to 20 to where it is freezing inside the house. What about the implied warranty of habitability?

 

[ENASNI]

um

So what... The question you asked was is it ok to stop payment on the check under the circumstances of your question.

The answer is no.

It is now 1 minute later and the answer is still... NO!

 

[queenofsand]

A paper trail does not consist of post-its detailing he said/she saids.

As mentioned above, repair requests should be in writing. Your paper trail starts with a certified RRR letter asking for repairs.

 

[south]

Try asking the landlord for some temporary heaters or go and buy one for $30 from Home Depot you could always try and claim that from the landlord

 

[ENASNI]

Try asking the landlord for some temporary heaters or go and buy one for $30 from Home Depot you could always try and claim that from the landlord

I would never let my daughter freeze, the home depot is my friend, make it yours... Keep the receipts if you must.

Sheesh... never recind a check like that.

Read your state's laws and do it RIGHT.

 

[justalayman]

http://www.scbar.org/pdf/public/tenants.pdf

There is a part in there titled "what can I do in the landlord doesn't make repairs"

 

[Gadfly]

BTW, January 5 is 1 week away. Pay the rent when it is due for January.

 

[tryingtoplease]

Is this a wall heater or a forced air unit (ducts carry heat to different rooms)? When you say you have no heat, describe what you mean. Depending on the answers, I may have a few tricks for you to try (not that it's your responsibility to try to get it going, but it may get you heat for now) and then you can follow the others suggestions about what to do about the rest.

 

[lwpat]

1. Find another place to rent.
2. Issue them another check, a good one.
3. Send them a notice CRRR that they are not providing essential services and you will terminate the rental agreement within fourteen days unless repairs are made immediately.

"Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with Section 27-40-440 materially affecting health and safety or the physical condition of the property, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than fourteen days after receipt of the notice if the breach is not remedied within fourteen days."

Heat and running water are considered essential services affecting health and safety.

"(b) Except as provided in this chapter, the tenant may recover actual damages and obtain injunctive relief in a magistrate's or circuit court, without posting bond, for any noncompliance by the landlord with the rental agreement or Section 27-40-440. If the landlord's noncompliance is wilful, the tenant may recover reasonable attorney's fees. "

They cannot evict you for nonpayment of rent if they are not in compliance but they can get you for writing a bad check.