Problems getting oven replaced

[Gary335]

What is the name of your state? Maryland

On Thursday evening it came to my attention that my oven no longer works. On Friday morning I called the landlord about it and he gave me his maintenance man's number, as he always does when something needs fixing. I called the maintenance man and he told me that he'd be over that afternoon. He did not show up. I called him again on Saturday morning and he told me he would be out sometime that afternoon. That afternoon he finally showed up, and upon looking the oven over he stated that it would need to be replaced, and that he would be back later that evening with the new oven. He did not return, so I called him on Sunday morning, and he said he'd be here sometime that morning. Again he did not show up. He did not show up yesterday, and he has still not shown up so far today. My question is: what other actions can I take to get either the landlord or the maintenance man to quit putting me off? Apparently phone calls alone aren't enough, and not having a working oven in the house is not only a huge inconvienence but it is my understanding that it is also against this state's laws regarding habitibility. He has replaced the oven once before, so there's no doubt in my mind that it is his responsibility.

Any help anyone can offer would be much appreciated!

[johnd]

Deduct that proportion of diminished value of your premises (only if the oven is included in the lease!).

[moburkes]

There is no law that requires an oven. If CPS were to get involved, any thing that can heat food is acceptable (a microwave comes to mind).

[Gary335]

Originally Posted by johnd

Deduct that proportion of diminished value of your premises (only if the oven is included in the lease!).

Yes it is included in the lease.

Mo, the law in this state requires that the landlord furnish and maintain all the major/vital appliances. The law classifies an oven/stove/range as a vital appliance. I have contacted the code enforcement department and have learned that leaving a non-working one in the house is a code violation and that he can be fined for each day the non-working oven remains in the house. As you probably notice the laws here seem to be very pro tenant.

Since the phone calls aren't working, would it be a good idea to begin writing letters? If anything I'd imagine that writing letters would at least give me some sort of documentation to prove that I've been in contact with him, right?

[moburkes]

Originally Posted by Gary335

Yes it is included in the lease.

Mo, the law in this state requires that the landlord furnish and maintain all the major/vital appliances. The law classifies an oven/stove/range as a vital appliance. I have contacted the code enforcement department and have learned that leaving a non-working one in the house is a code violation and that he can be fined for each day the non-working oven remains in the house. As you probably notice the laws here seem to be very pro tenant.

Since the phone calls aren't working, would it be a good idea to begin writing letters? If anything I'd imagine that writing letters would at least give me some sort of documentation to prove that I've been in contact with him, right?

Thanks for the correction. That's what I get for not looking up the laws before I post. You'll need to refer back to the LL/tenant requirements in your state. Writing is always good. You might be able to put your rent money in escrow, but, as I'm working really, really hard at my real job, I don't have the time to check.

[Zigner]

I'm willing to bet there's a "reasonable" time frame involved in replacement issues. IMO, 5 working days (ie: 1 week including the weekend) should be considered reasonable.
This is not to say it's the exact law in your case, but maybe you should be patient for 2 more days?

I am interested in how you use your ovens that causes TWO of them to break...how long have you lived there?

[Gary335]

I am willing to wait another day or two.

As for how I use my oven, I use it just the same way you and everyone else here does. The problem is that when an appliance in this house goes up the landlord replaces it with a refursbished/used one. Therein lies the problem.

[LindaP777]

Originally Posted by johnd

Deduct that proportion of diminished value of your premises (only if the oven is included in the lease!).

Not recommended!

Originally Posted by Gary335

The problem is that when an appliance in this house goes up the landlord replaces it with a refurbished/used one. Therein lies the problem.

I certainly understand your situation, but it's the LL purgative to replace it with whatever type of working stove he wants.

Give him another day, then send him a polite, yet strongly wording letter reminding him of his obligations. Send it US mail, CRRR.

[johnd]

Originally Posted by LindaP777

Not recommended!

Well, I certainly don't want to pick a fight with you Linda, but I've had many a judge say that exact thing to the defendants in my cases (that you may prorate the rent according to the diminished value of the premises). I have further read it in our state's Consumer Protection Act (ATCP 134). This usually is the judge's response to a tenant's act of withholding all rent, for say, a cracked window, or peeling paint. As stated above: a big no-no.

I do not know the specific law in Maryland, but it is widely accepted here in Wisconsin (where we have some of the most progressive Tenant protection acts ever written). However, I do not see the proration of rent for a material defect as progresssive...I see it as correct.

[Gary335]

Originally Posted by johnd

Well, I certainly don't want to pick a fight with you Linda, but I've had many a judge say that exact thing to the defendants in my cases (that you may prorate the rent according to the diminished value of the premises). I have further read it in our state's Consumer Protection Act (ATCP 134). This usually is the judge's response to a tenant's act of withholding all rent, for say, a cracked window, or peeling paint. As stated above: a big no-no.

I do not know the specific law in Maryland, but it is widely accepted here in Wisconsin (where we have some of the most progressive Tenant protection acts ever written). However, I do not see the proration of rent for a material defect as progresssive...I see it as correct.

Linda, its not my home, and I don't care what he replaces the items in here with. So long as they are functional, that is all that matters. If it goes up, its he that has to shell out more money, not me. Anyway, thank you for your advice. I think I will definitley write him if nothing happens tomorrow.

John, i haven't read up on what your talking about, but I'm pretty sure that the law heere does give the tenant that option. I'll have to look into it more though to be sure.

[BL]

Originally Posted by Gary335

Yes it is included in the lease.

Mo, the law in this state requires that the landlord furnish and maintain all the major/vital appliances. The law classifies an oven/stove/range as a vital appliance. I have contacted the code enforcement department and have learned that leaving a non-working one in the house is a code violation and that he can be fined for each day the non-working oven remains in the house. As you probably notice the laws here seem to be very pro tenant.

Since the phone calls aren't working, would it be a good idea to begin writing letters? If anything I'd imagine that writing letters would at least give me some sort of documentation to prove that I've been in contact with him, right?

Then wait a couple more days , give the LL a call , tell the LL you file a complaint with the code enforcement office , if it's not replaced in 2 days .

Tell him the Law .

If the LL were to order a new oven , it would take time to set up a delivery date , have the maintenance man hook it up , Etc . If that's the case work with your LL to keep on good terms .

I went without oven use for 2 weeks . I still had the burners though .

My LL went the repair route first time around until I convinced him He's spending more money in a long run , to buy new . He did.

[Gary335]

I'm not trying to be argumentitive or anything, but I'm telling you right now he's not buying a new stove. He's never put a new piece of equipment in this house as long as he's owned it, and I don't expect that to change now. I think the immediate savings of buying used appliances is more important to him than the savings he'd have over time by buying new.

I will wait another day or two and see what happens. I don't mind going without the oven for a few days as long as its for a good reason. But as far as I'm concerned not answering my calls, and then putting me off when he does is not a good reason to have gone this long without an oven. And this is not the first time this has happened either. Every time something needs to be done I have to go through this with him and his maintenance man. This is however the first time anything has taken this long. Usually within a couple of days the work gets done.

[moburkes]

Originally Posted by Gary335

I am willing to wait another day or two.

As for how I use my oven, I use it just the same way you and everyone else here does. The problem is that when an appliance in this house goes up the landlord replaces it with a refursbished/used one. Therein lies the problem.

Every appliance in my house is refurbished from the washer and dryer to the stove and refrigerator. They've all been here as long as I've owned my house, and they all still work. I've been here 6 years.

[Gary335]

Originally Posted by moburkes

Every appliance in my house is refurbished from the washer and dryer to the stove and refrigerator. They've all been here as long as I've owned my house, and they all still work. I've been here 6 years.

I misspoke earlier when I said "refurbished". The appliances are actually used, not refurbished. Whenever we need a new appliance the LL simply goes to a used appliance shop and buys whatever appliance we need. I've needed a new hot water heater and 2 new stoves since I moved into my house 3 years ago, so either I have particularly bad luck or else the appliances he's buying are of particularly low quality.

[moburkes]

Originally Posted by Gary335

I misspoke earlier when I said "refurbished". The appliances are actually used, not refurbished. Whenever we need a new appliance the LL simply goes to a used appliance shop and buys whatever appliance we need. I've needed a new hot water heater and 2 new stoves since I moved into my house 3 years ago, so either I have particularly bad luck or else the appliances he's buying are of particularly low quality.

Used, refurbished, its all the same thing. Mine came from a thrift store. Can't get more used than that.