Landlord repair issue

[RJ2011]

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

Does anyone know what is considered habitable living space?
I moved into a house recently that is not well insulated, the furnace is dismantled, the windows blow in cold air, one actually blew in and was never fixed or replaced, I had to put duct tape around it to keep it in place.
The only heat source in the house is a wood stove and that only heats up the area that its in. And an electric wall heater in the bedroom.
This is a 2 story 4 bedroom farm house that my family has rented and signed a lease for.
I was told the wood stove was a suitable heating source for the house and since I have moved in and winter time is here it has not been functioning like I was told it would.

Am I able to break lease or is the landlord responsible for getting the furnace replace or in working order even though there is a wood stove?
Maybe get the windows replaced? They all blow in cold air.
I've had to go around to most windows and seal them up with a plastic cover to lower the air flow.

 

[Gail in Georgia]

Attached is the landlord/tenant statute that describes habitable conditions in Oregon:

Oregon Statutes - Chapter 90 - Residential Landlord and Tenant - Section 90.320 - Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises. - Oregon Attorney Resources - Oregon Laws

Statutes don't specify what type of heating unit is required; only that there is a heating source available and that it works.

Have you asked the landlord about the window issue?

Gail

 

[RJ2011]

Attached is the landlord/tenant statute that describes habitable conditions in Oregon:

Oregon Statutes - Chapter 90 - Residential Landlord and Tenant - Section 90.320 - Landlord to maintain premises in habitable condition; agreement with tenant to maintain premises. - Oregon Attorney Resources - Oregon Laws

Statutes don't specify what type of heating unit is required; only that there is a heating source available and that it works.

Have you asked the landlord about the window issue?

Gail

Yes, I have. It's been about a month and a half and nothing has been done.

 

[sandyclaus]

Yes, I have. It's been about a month and a half and nothing has been done.

Have you put your complaints to LL IN WRITING? Especially with things that might be considered safety or habitability issues, and any time you need a paper trail, it's always good to send a letter to LL (Certified, return receipt requested) instead of calling (no paper trail, can be hard to prove content and results of verbal communication).

"If it ain't in writing, it never happened."

 

[RJ2011]

Have you put your complaints to LL IN WRITING? Especially with things that might be considered safety or habitability issues, and any time you need a paper trail, it's always good to send a letter to LL (Certified, return receipt requested) instead of calling (no paper trail, can be hard to prove content and results of verbal communication).

"If it ain't in writing, it never happened."

Not yet. I will be putting it in writing.

I'm still concerned about the way the house is heated though.
The only way I get heat in my room is from the wall heater and my electric bill for one month is now over $300 for heating 2 of the 4 bedrooms.
The wood stove only heats the living space down stairs.
I've been trying to search the internet for what is considered as a suitable heating source but no luck on that one.

 

[Who's Liable?]

Not yet. I will be putting it in writing.

I'm still concerned about the way the house is heated though.
The only way I get heat in my room is from the wall heater and my electric bill for one month is now over $300 for heating 2 of the 4 bedrooms.
The wood stove only heats the living space down stairs.
I've been trying to search the internet for what is considered as a suitable heating source but no luck on that one.

Call the city code inspector. They can determine if there are adequate heating elements in the household.

 

[xylene]

You have electric heat, so you have a proper heating source.

Drafty windows is not a lease breaking issue.

The landlord does need to fix the broken window.

The face that electric heat is expensive is common knowledge, and you should have considered that before leasing.

~300 dollars a month for less than stellar heat... I hate to break it to you, that is really not all that bad.

 

[RJ2011]

Call the city code inspector. They can determine if there are adequate heating elements in the household.

I thought about doing that but I was told it would cost a bunch of money and after bills and such I don't have a whole lot to spare.

 

[Searchertwin]

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

Does anyone know what is considered habitable living space?
I moved into a house recently that is not well insulated, the furnace is dismantled, the windows blow in cold air, one actually blew in and was never fixed or replaced, I had to put duct tape around it to keep it in place.
The only heat source in the house is a wood stove and that only heats up the area that its in. And an electric wall heater in the bedroom.
This is a 2 story 4 bedroom farm house that my family has rented and signed a lease for.
I was told the wood stove was a suitable heating source for the house and since I have moved in and winter time is here it has not been functioning like I was told it would.

Am I able to break lease or is the landlord responsible for getting the furnace replace or in working order even though there is a wood stove?
Maybe get the windows replaced? They all blow in cold air.
I've had to go around to most windows and seal them up with a plastic cover to lower the air flow.

When you moved in did you know that the only heat source was the wood stove and the furnace was dismantled?
How can you tell if it is not well insulated? I just had insulation blown in this summer in one of rental homes. This is still no guarantee that the house will stay warm enough to suit everyone needs. Just that it will be warmer than not having NONE at all.
Send LL a ccr letter to address the problem with windows. Don't expect new windows. Expect him to come and cover them.

You stated, "it has not been functioning like I was told it would." What was you told? If you are getting heat, than stove is working fine.

By the way, this post sounds familiar. Didn't like the answers then, either?

 

[RJ2011]

You have electric heat, so you have a proper heating source.

Drafty windows is not a lease breaking issue.

The landlord does need to fix the broken window.

The face that electric heat is expensive is common knowledge, and you should have considered that before leasing.

~300 dollars a month for less than stellar heat... I hate to break it to you, that is really not all that bad.

Yeah maybe so maybe not. But living in a house that is always below 40 degrees isn't my idea of suitable living.
The LL told me that the wood stove heated the entire house and it does not, it heats one room on the main floor.
I mean the kitchen is right next to that room and it stays ice cold all day even if i have a fire going.

 

[Zigner]

I thought about doing that but I was told it would cost a bunch of money and after bills and such I don't have a whole lot to spare.

???

It wouldn't cost YOU anything.

 

[RJ2011]

When you moved in did you know that the only heat source was the wood stove and the furnace was dismantled?
How can you tell if it is not well insulated? I just had insulation blown in this summer in one of rental homes. This is still no guarantee that the house will stay warm enough to suit everyone needs. Just that it will be warmer than not having NONE at all.
Send LL a ccr letter to address the problem with windows. Don't expect new windows. Expect him to come and cover them.

You stated, "it has not been functioning like I was told it would." What was you told? If you are getting heat, than stove is working fine.

By the way, this post sounds familiar. Didn't like the answers then, either?

I am planning on sending a letter, I just don't like being lied to from shady LL, When I moved in it was a lot warmer out and I could not tell then, now that winter is around its been freezing cold in my house excluding the bedrooms.

And by the way, I am new on this site so not sure what you are meaning by that.

 

[OK-LL]

You moved into 2-story 4-bedroom house and believed a wood stove was going to heat enough to carry all the way upstairs to the farthest room? You're kidding! For now, you can do a few things that will make the place tolerable. Get those inexpensive plastic sealing kits for the windows (the ones you shrink into place with a hairdryer). Use heating blankets on the beds. Wear extra layers of clothes. Once you have done these things, you can get your mind on persuading the landlord to make his property habitable. Most states have a requirement that the heat source be capable of heating the dwelling to a minimum of XX degrees (typically about 62-68). Google your state's landlord tenant act and follow the directions for notifying your landlord in writing about the problems and if it allows for rent withholding in order to make the repair, you may want to do that (again, follow the directions for notifying your landlord as set out in the law).

Good luck.

 

[RJ2011]

You moved into 2-story 4-bedroom house and believed a wood stove was going to heat enough to carry all the way upstairs to the farthest room? You're kidding! For now, you can do a few things that will make the place tolerable. Get those inexpensive plastic sealing kits for the windows (the ones you shrink into place with a hairdryer). Use heating blankets on the beds. Wear extra layers of clothes. Once you have done these things, you can get your mind on persuading the landlord to make his property habitable. Most states have a requirement that the heat source be capable of heating the dwelling to a minimum of XX degrees (typically about 62-68). Google your state's landlord tenant act and follow the directions for notifying your landlord in writing about the problems and if it allows for rent withholding in order to make the repair, you may want to do that (again, follow the directions for notifying your landlord as set out in the law).

Good luck.

Yes I did, I made a mistake in thinking that, its my first house so I'm a bit new at this..

And I have already done that to most of the windows in the house.
The average temp in the house has usually stayed around 40-45 degrees most days it may get warmer if it warms up outside but not by much.
Half the time its been colder inside my house than it is outside..

 

[Zigner]

Call the local code-enforcement folks. It doesn't cost YOU anything.