Landlord required to give me heat?

[Number21]

What is the name of your state (only U.S. law)? OR

I lease a small industrial building. I recently moved from one building to another under the same landlord and lease that I had before. In my old building, there was a gas heater installed. I could keep it as warm as I wanted as long as I pay for the gas.

The new building doesn't have gas service. It has a wood stove instead. Problem is, the woodstove was installed improperly and would be very dangerous to use without fixing it. I told the landlord - offered to fix it for just the cost of parts - and her answer was basically "if it's broken don't use it" and "you can use an electric heater instead".

My lease says I'm required to pay for any energy I use for heating. My question is, is the landlord required to furnish a heater for me? Electric heaters are not free, neither is fixing the wood stove. No heat is not an option. I moved into the old place knowing I had gas heat, and moved into the new place thinking I would have wood heat. The landlord never told me there would be no heat or the woodstove didn't work. In fact I remember her explaining on the phone about how it doesn't have gas so I have to use wood...

So, the lease doesn't really address whether the LL needs to provide a heater or not, but I moved in both places with a heater being advertised as part of the package. Am I not entitled to a heater PAID FOR by the landlord?

Furthermore, does any kind of oral agreement with the landlord stand up in court? Beyond the he said/she said thing...I'm going to start recording my phone calls with this woman. What a peice of work...

 

[JETX]

I lease a small industrial building.

From that, I assume you have a COMMERCIAL lease (not residential). If correct, then the landlord does not have to comply with the RESIDENTIAL requirements (heat, etc.).
Your COMMERCIAL lease should include what services and/or utilities are provided and who provides/pays for them.

What EXACTLY, if anything, does your lease say to this issue??

 

[Number21]

Like I said in the first post the lease says I pay for "utilities", heat, power, water...doesn't say what that heat comes out of.

Let me put it this way: The lease doesn't say anything about my water heater either, but when I moved in, it was advertised as part of the building. If the water heater quit working she would be required to fix/replace, wouldn't she?

The lease says the landlord is required to keep things in working order but technically the wood stove wasn't working when I moved in. I was never made aware of this until I figured it out myself, and it was advertised to me as having wood heat.

 

[JETX]

Like I said in the first post the lease says I pay for "utilities", heat, power, water...doesn't say what that heat comes out of.

I know.... I can read. My post was being inclusive to help you and others follow the law.

Let me put it this way: The lease doesn't say anything about my water heater either, but when I moved in, it was advertised as part of the building. If the water heater quit working she would be required to fix/replace, wouldn't she?

Yes.
Now for your example to be RELEVANT.... If the landlord advertised "property includes heater" and the provided heater quit working, then yes, the landlord would have to repair it... back to its 'move-in' condition.
Let's put it this way.... lets say that the property included a garage when you moved in. Does that mean the landlord has to provide a car also??

The lease says the landlord is required to keep things in working order but technically the wood stove wasn't working when I moved in. I was never made aware of this until I figured it out myself, and it was advertised to me as having wood heat.

Then have the landlord provide what was 'promised' as a condition of your lease. If the landlord advertised "wood heat"... and it doesn't work, you need to exercise your right to ask it to be repaired.
However, you have NO right to expect or demand something that was NOT promised/included.

 

[Number21]

Yes.
Now for your example to be RELEVANT.... If the landlord advertised "property includes heater" and the provided heater quit working, then yes, the landlord would have to repair it...

That's exactly what happened and what I already described.

However, you have NO right to expect or demand something that was NOT promised/included.

My conversation on the phone with the landlord about the new lease:
"So what do you want to do about the lease?"
"Oh I'll just cross out your suite number and call it good"

Previous phone call before that, when I was asking about the new property, before I officially "took" it, the LL said:
"There's no gas over there, like in your other one, so you'll have to use wood for heat"

I inspected the building before moving in without the LL present, she just left me the keys, I saw the woodstove, it looked to be installed right, and I took the place. I was never told that the woodstove didn't work or would need to be repaired, and I don't think the LL knew either. If I'd have started a fire without inspecting it further, I would have burned the place down...

 

[ecmst12]

You seem to have a good relationship with your landlord. Why don't you try ASKING her to fix it first.

As you have been advised over and over, a commercial landlord does not have to do ANYTHING that isn't specified in the lease.

 

[Number21]

You seem to have a good relationship with your landlord. Why don't you try ASKING her to fix it first.

Did you even read my first post? That's exactly what I did - her answer "don't use it then".

 

[FarmerJ]

21 if you really want to stay on for a while , as you must already know your LL isnt likely to do anything about the woodstove, If your lease names the leasee as responsible to do what ever changes are needed in order to use the space then I would suggest at least doing some research, learn if there is a fee for your local gas util to extend lines to that structure and how much, Also if your going to use electric learn from the elect utility if they offer off peak rates and then explore thru a electrician if a off peak electric heat storage unit, off peak electric is alot cheaper , unit gets power at night , builds up heat all night then slowly releases in the day time ( looks simular to oversize wall units like in some hospital rooms) if a heat storage unit can be installed in such a way that it is not a permenant fixture so when the time comes it only needs to be unplugged and you take it with you (After getting LLs written consent if your lease requires it ) , if Gas or elect wont work for you then find a local propane company and learn if you can have a 250 or 500 gallon propane tank brought out, then use a converted to propane furnace and see if the LL will give you written consent to take it with when you do move out or again if it can be installed in a way to run safely but not be considered a permanent improvement. If you force the LL to repair the wood stove you risk the LL getting the cost back from you by raising your rent as soon as possible or sending you notice to get out rather than renewing at renewal time. If there is any part of your lease you have a hard time understanding use the links above to get help from a atty to review it.