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No heat

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hrvipers

Junior Member
What is the name of your state (only U.S. law)? VA
So my landlord has asked for rent but the heating/AC unit has gone out. Landlord says she doesn't have the money to replace. What are my options?
 


antrc170

Member
Send the LL a certified letter stating the nature of the problem and demand the problem be corrected immediately, or satsifactory alternative measures agreed to by both parties. A quick sample letter is included. If the LL fixes the problem great, if not plan on finding another place to live.

LL,

On (date) the heater/AC unit was discovered to be non-operational. In earlier conversations you indicated that ( state whatever the LL told you). I am submitting this letter as a formal notice of demand for the repair of the above problem. If the repair can not be completed, or satsifactory alternate plans agreed to by both parties before (date, I suggest giving the LL 3-7 days depending on how dire the situation).

Failure to comply with this demand will be observed as a violation of Virginia Code 55-225.3.

Renter
 

applecruncher

Senior Member
It’s not your responsibility to help the landlord manage her money. If she can’t afford repairs, she shouldn’t be renting properties. Her cash flow problems are HER problem.

Send a certified letter. Check with your county Rent Escrow office. If she doesn’t fix the problem, put your rent money into escrow. They will schedule a mediation hearing.

Usually the tenant is the one giving sob stories about money. When a landlord starts poor-mouthing, it’s a red flag, for sure. Start looking for another place, but in the interim follow the legal process to withhold rent.
 

Searchertwin

Senior Member
Good advice was given, but remember once she replies to your letter in the time you indicate, also inform her that you know it will take more time for a repairman to schedule a appointment. A LL cannot predict when the repairman can schedule a time to check the furnace out. So keep this in mind.
 

applecruncher

Senior Member
OP - no heat is considered an emergency. Most furnace repair companies can be there the same or next day. Do NOT fall for any more excuses or delays.
 
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atomizer

Senior Member
There are states that require that heat be available to a tenant by a specific calender date. Before you jump your lease, look up to see if Va is one of those states.
 

CSO286

Senior Member
In three states, there is a provision called the "Cold Weather Rule." In Minnesota, Missouri, and Kansas, the power company cannot turn off the heat to a home under certain circumstances. For instance, in Minnesota, homeowners are protected from heat shut off from October 15-April 15 each year. In Missouri, the heat can not be turned off if the temperature is forecasted to drop below 32 degrees. In 2009, the Kansas Cold Weather Rule when into effect for the period of November 1-March 31. There are also some regulations in New York City that may prohibit shut off of heating during the cold weather months.

Source: http://commonlaw.findlaw.com/2010/01/what-to-do-when-the-cold-snap-is-on-but-heat-is-off.html
Check with your local utility services to find out if your munincipality(sp) has a cold weather rule....
 

applecruncher

Senior Member
In three states, there is a provision called the "Cold Weather Rule." In Minnesota, Missouri, and Kansas, the power company cannot turn off the heat to a home under certain circumstances. For instance, in Minnesota, homeowners are protected from heat shut off from October 15-April 15 each year. In Missouri, the heat can not be turned off if the temperature is forecasted to drop below 32 degrees. In 2009, the Kansas Cold Weather Rule when into effect for the period of November 1-March 31. There are also some regulations in New York City that may prohibit shut off of heating during the cold weather months.

Source: FindLaw's Common Law: Cold Weather Rule: What to Do When the Heat Has Been Turned Off
Check with your local utility services to find out if your munincipality(sp) has a cold weather rule....
:rolleyes:

CSO286 - Your post has no relevance to what OP posted. OP is in the state of Virginia (not any of the states you mentioned).
More importantly: This has nothing to do with the power company disconnecting - OP clearly stated that the heat unit (as in furnace) went out and that landlady said she didn't have money to get it replaced.
 
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