hindsight2040
Junior Member
What is the name of your state (only U.S. law)? PA
Background:
Move into an apartment with lease starting February 1, 2009. Lease states that rent is 500 and includes all utilities: electric (heat & hot water), water, sewage, trash removal, cable, and internet. Was informed that cable and internet was set up before I moved in.
Soon discover that cable and internet are not set up, but will be by beginning of next week.
A day later, snow storm and power outage for 1 1/2 days.
Power reactivated for one day.
Suddenly several things in apartment are not working. Ceiling lights, central heat, stove, washer/dryer, fridge, and hot water. All that is working in way of electricity are things running off of outlets.
Call landlord immediately, he tells me he will send one of his contractors next day, and provides me (and other tenants) with space heaters.
3 days, one short visit from contractor, no responses.
Day after that he tells me that he can't fix the problem, because it is the Phase 1 power supply to the building, and must be fixed by PECO. Claims he reported problem to PECO.
Call him the next day and he gives me the number to PECO. I call them, discover I need his billing address, billing phone number (he has a lot of numbers), and account number. Retrieve info from him, told details of the account reports.
Speak to PECO employee over the phone: Apparently a report has been made, but nobody has been dispatched to the property. I ask what I need to do to have this done. Simply state that the situation is a potential emergency, requires immediate attention, and request one. I do so, noting the fact the landlord did not take this extra step, and that the only report was made 2 days before.
After being told for 2 days that somebody was "Just dispatched and will be there within a couple of hours." I eventually begin to call PECO aggressively. I put in about 7 "reports" and tell the operators that they can have an electrician spend 2 hours at the apartment, or spend much more painful hours on the phone with me. Total time invested: abut 7 hours on the phone. 3 days after my initial call, problem is fixed.
Internet is installed February 13 and cable February 24.
March 1: hot water stops working on 2nd floor including kitchen and a roommate's bathroom. I call the landlord to let him know about the problem and ask about instructions for rent check. Upon hearing another problem with the place, he abruptly brushes me off and says he will call me back in a couple of days. No time to tell me what to do with the rent check.
The Phone Call/Disagreement
March 6: I discover a voicemail from landlord demanding my rent the next day, in person, at his house, across town. I have had midterms for the last 3 days, and don't have a checkbook. I have to use cashier's check, and hesitated in purchasing it until I was given instructions, as not to have $500 bucks tied up in a single piece of paper floating around my room. His tone is accusatory and impatient. He states that according to my lease I have 5 days after the 1st to pay, and I agreed to vacate the property immediately if I can't as per the lease. But, he doesn't want to do any of that, since he is "such a nice guy". He says he will evaluate a a late fee of $50, also not stated in lease.
I look over my lease and discover no such 5 day clause exists. And I know enough to know how ineffectual this vacate property clause is from an eviction standpoint, which time consuming and costly for him.
I am not aware of my specific legal rights, but I know basic things. The landlord MUST provide me with heat and electric, even if he isn't paying. He is not liable for the outage, but he did not exhaust all resources to correct this problem. He made on phone call and made no follow up. Payment for utilities is implied as compiled in the rent. The fact that these services (both mandatory and unnecessary) are listed in the lease seems to specify that I am receiving these services. By not providing me with services, I think he might be violating the lease in a way that has immediate consequences (I put rent check in escrow or something) as opposed to the months it might take him to evict me, for being 5 days late on rent, without reminder or instructions.
I can understand how my negligence on the rent is a major annoyance, but I ignored huge oversight like him (the electric account holder) not putting forth effort to make my (and roommates) conditions livable. As far as the cable and internet, this is unimportant, apart from the fact that I was lied to about their status when I moved in, and then given different dates for their installment.
I call him and tell him that missing the rent was an act of forgetfulness (this is the first lease in my name without a cosigner) but that I am offended by his treatment of the situation. I forgave a lot of shortcomings upon moving in and extended him a lot of understanding because he has about a dozen properties and 50 tenants. I asked him how he can remember that my rent is late in the next half hour, but not my name.
I politely summarize all the things that happened over the last month, without discussing the lease or the legal part of it. I tell him that I don't want unnecessary complications.
He systematically denies my account of everything, even though he was not present in the house when this was occurring, and can't even remember my name.
Has no recollection of giving me account information and calling PECO, or calling him constantly before that. Claims that if the power was out for such time frame, I must not have told him or else he would have had it fixed within 24. Doesn't seem to remember that PECO has to fix it.
He says that he was supplying me "electricity" nominally, and that the space heaters provided exempt him from being responsible for an uncomfortable situation. He says that I had internet the entire time, and have no reason to complain. FYI I had been borrowing the nearest linksys, which was unreliable, slow, and not a substitute for the network we were promised.
He says that cable was set up in other tenants room (but not the common room), so cable was being provided, even if I didn't have the convenience of it in my room initially.
1. Rooms have individual locks, bathrooms, and leases.
2. I lease my room, only, I don't share a lease with roommates. Shouldn't I get cable in my room?
He denies remembering my phone call days earlier, telling him about the hot water not working. And admonishes me for not calling him for instructions on how to pay rent. Ignoring that:
1. I attempted to do this
2. To expect a tenant to pursue her landlord on multiple occasions in order to have the opportunity to pay him money is contrary to human nature, and common sense.
He also reminds me that he accepted my pet cat without a deposit. As if to make me feel guilty, or scare me into thinking I'll have to pay one now.
He disengages in the conversation and says he'll talk to me tomorrow.
ADVICE?
What are my rights? I don't want to spend time arguing with this man, and want to come to a compromise. Overall, the apartment is nicely renovated, furnished, and close to campus. I don't want an eviction notice on my credit, and I can't afford a lawyer or anything. I honestly think he will comply, but I want to be armed with knowledge of the law, because I think it is written in my favor on this matter....
Background:
Move into an apartment with lease starting February 1, 2009. Lease states that rent is 500 and includes all utilities: electric (heat & hot water), water, sewage, trash removal, cable, and internet. Was informed that cable and internet was set up before I moved in.
Soon discover that cable and internet are not set up, but will be by beginning of next week.
A day later, snow storm and power outage for 1 1/2 days.
Power reactivated for one day.
Suddenly several things in apartment are not working. Ceiling lights, central heat, stove, washer/dryer, fridge, and hot water. All that is working in way of electricity are things running off of outlets.
Call landlord immediately, he tells me he will send one of his contractors next day, and provides me (and other tenants) with space heaters.
3 days, one short visit from contractor, no responses.
Day after that he tells me that he can't fix the problem, because it is the Phase 1 power supply to the building, and must be fixed by PECO. Claims he reported problem to PECO.
Call him the next day and he gives me the number to PECO. I call them, discover I need his billing address, billing phone number (he has a lot of numbers), and account number. Retrieve info from him, told details of the account reports.
Speak to PECO employee over the phone: Apparently a report has been made, but nobody has been dispatched to the property. I ask what I need to do to have this done. Simply state that the situation is a potential emergency, requires immediate attention, and request one. I do so, noting the fact the landlord did not take this extra step, and that the only report was made 2 days before.
After being told for 2 days that somebody was "Just dispatched and will be there within a couple of hours." I eventually begin to call PECO aggressively. I put in about 7 "reports" and tell the operators that they can have an electrician spend 2 hours at the apartment, or spend much more painful hours on the phone with me. Total time invested: abut 7 hours on the phone. 3 days after my initial call, problem is fixed.
Internet is installed February 13 and cable February 24.
March 1: hot water stops working on 2nd floor including kitchen and a roommate's bathroom. I call the landlord to let him know about the problem and ask about instructions for rent check. Upon hearing another problem with the place, he abruptly brushes me off and says he will call me back in a couple of days. No time to tell me what to do with the rent check.
The Phone Call/Disagreement
March 6: I discover a voicemail from landlord demanding my rent the next day, in person, at his house, across town. I have had midterms for the last 3 days, and don't have a checkbook. I have to use cashier's check, and hesitated in purchasing it until I was given instructions, as not to have $500 bucks tied up in a single piece of paper floating around my room. His tone is accusatory and impatient. He states that according to my lease I have 5 days after the 1st to pay, and I agreed to vacate the property immediately if I can't as per the lease. But, he doesn't want to do any of that, since he is "such a nice guy". He says he will evaluate a a late fee of $50, also not stated in lease.
I look over my lease and discover no such 5 day clause exists. And I know enough to know how ineffectual this vacate property clause is from an eviction standpoint, which time consuming and costly for him.
I am not aware of my specific legal rights, but I know basic things. The landlord MUST provide me with heat and electric, even if he isn't paying. He is not liable for the outage, but he did not exhaust all resources to correct this problem. He made on phone call and made no follow up. Payment for utilities is implied as compiled in the rent. The fact that these services (both mandatory and unnecessary) are listed in the lease seems to specify that I am receiving these services. By not providing me with services, I think he might be violating the lease in a way that has immediate consequences (I put rent check in escrow or something) as opposed to the months it might take him to evict me, for being 5 days late on rent, without reminder or instructions.
I can understand how my negligence on the rent is a major annoyance, but I ignored huge oversight like him (the electric account holder) not putting forth effort to make my (and roommates) conditions livable. As far as the cable and internet, this is unimportant, apart from the fact that I was lied to about their status when I moved in, and then given different dates for their installment.
I call him and tell him that missing the rent was an act of forgetfulness (this is the first lease in my name without a cosigner) but that I am offended by his treatment of the situation. I forgave a lot of shortcomings upon moving in and extended him a lot of understanding because he has about a dozen properties and 50 tenants. I asked him how he can remember that my rent is late in the next half hour, but not my name.
I politely summarize all the things that happened over the last month, without discussing the lease or the legal part of it. I tell him that I don't want unnecessary complications.
He systematically denies my account of everything, even though he was not present in the house when this was occurring, and can't even remember my name.
Has no recollection of giving me account information and calling PECO, or calling him constantly before that. Claims that if the power was out for such time frame, I must not have told him or else he would have had it fixed within 24. Doesn't seem to remember that PECO has to fix it.
He says that he was supplying me "electricity" nominally, and that the space heaters provided exempt him from being responsible for an uncomfortable situation. He says that I had internet the entire time, and have no reason to complain. FYI I had been borrowing the nearest linksys, which was unreliable, slow, and not a substitute for the network we were promised.
He says that cable was set up in other tenants room (but not the common room), so cable was being provided, even if I didn't have the convenience of it in my room initially.
1. Rooms have individual locks, bathrooms, and leases.
2. I lease my room, only, I don't share a lease with roommates. Shouldn't I get cable in my room?
He denies remembering my phone call days earlier, telling him about the hot water not working. And admonishes me for not calling him for instructions on how to pay rent. Ignoring that:
1. I attempted to do this
2. To expect a tenant to pursue her landlord on multiple occasions in order to have the opportunity to pay him money is contrary to human nature, and common sense.
He also reminds me that he accepted my pet cat without a deposit. As if to make me feel guilty, or scare me into thinking I'll have to pay one now.
He disengages in the conversation and says he'll talk to me tomorrow.
ADVICE?
What are my rights? I don't want to spend time arguing with this man, and want to come to a compromise. Overall, the apartment is nicely renovated, furnished, and close to campus. I don't want an eviction notice on my credit, and I can't afford a lawyer or anything. I honestly think he will comply, but I want to be armed with knowledge of the law, because I think it is written in my favor on this matter....
