What is the minimum time I have to wait for the landlord before call for repair

[neva1]

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

My crappy house had it again. Sometime during the day yesterday, my heater quit working. I cam home quite late due to work and time was past for calling anybody about it. Slept in a freezing cold house and woke up to 59 degrees in the warmest spot of the house this morning. Needless to say taking a shower was a bit of a challenge.

At 8 AM or shortly after, I called my landlord and left a Voice Mail regarding the problem and told that I could take off from work early in the afternoon if a repairman could be arranged. My LL, so punctual of a person, still didn't return my call for the past 2 hours. I am worried that they might be out of town and to make things more fun, without a cell phone. I have my 85 years old mom staying with me and she is not in the best of health. I am afraid, cold is going to make the things worse for her. So, it is very important for me to get this thing fixed somehow, before the evening cool-down sets in today.

I was wondering, how much of a time I am obligated to wait before calling for repair on my own and sending the bill to the landlord. This is not a matter of convenience, likes of there is a problem with one of the stove burners etc. I can live with 3 out of 4 burners on the stove for a few weeks if necessary but can not live w/o heat for another cold night in this house with no insulation what-so-ever.

Thank you in advance for your responses

 

[quincy]

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

My crappy house had it again. Sometime during the day yesterday, my heater quit working. I cam home quite late due to work and time was past for calling anybody about it. Slept in a freezing cold house and woke up to 59 degrees in the warmest spot of the house this morning. Needless to say taking a shower was a bit of a challenge.

At 8 AM or shortly after, I called my landlord and left a Voice Mail regarding the problem and told that I could take off from work early in the afternoon if a repairman could be arranged. My LL, so punctual of a person, still didn't return my call for the past 2 hours. I am worried that they might be out of town and to make things more fun, without a cell phone. I have my 85 years old mom staying with me and she is not in the best of health. I am afraid, cold is going to make the things worse for her. So, it is very important for me to get this thing fixed somehow, before the evening cool-down sets in today.

I was wondering, how much of a time I am obligated to wait before calling for repair on my own and sending the bill to the landlord. This is not a matter of convenience, likes of there is a problem with one of the stove burners etc. I can live with 3 out of 4 burners on the stove for a few weeks if necessary but can not live w/o heat for another cold night in this house with no insulation what-so-ever.

Thank you in advance for your responses

Do you have gas or electric heat?

 

[neva1]

Do you have gas or electric heat?

GAS unfortunately. I flipped the side panel last night to see if I could check the pilot light but this is a vintage furnace that I don't want to mess with. I am hell afraid of messing with gas appliances.

 

[LdiJ]

GAS unfortunately. I flipped the side panel last night to see if I could check the pilot light but this is a vintage furnace that I don't want to mess with. I am hell afraid of messing with gas appliances.

You might want to get a couple of ceramic electric heaters as a backup.

 

[quincy]

GAS unfortunately. I flipped the side panel last night to see if I could check the pilot light but this is a vintage furnace that I don't want to mess with. I am hell afraid of messing with gas appliances.

Whenever you have a faulty gas furnace, you need to be concerned with a buildup of carbon monoxide gases in your residence. I recommend you get a carbon monoxide detector, an electric space heater (or two or three) to keep you and your mother comfortable, and then notify your landlord a couple of additional times (preferably by more than one method).

You will want to have a record of contacts you have made to your landlord to support your need to get a fast furnace repair from an outside source, if you find the lack of heat an emergency and there are concerns over your or your mother's health or safety.

For ordinary maintenance repairs, the landlord is given more time (often up to 30 days) to address the repair. For emergency repairs (which can include lack of heat when it's cold outside), the landlord should address the matter within 48 hours.

Visit the following site for additional information on actions you can legally take when it comes to emergencies and your landlord is unreachable: http://dca.ca.gov/publications/landlordbook/repairs.shtml.

 

[FarmerJ]

city / county by city /county it can be different, EG in city of minneapolis heating system failure , sewer failure , toilet that refuses to go down, signifigant electrical failure if city inspections were called they would order the LL to do imediate repair or condemn it if its not repaired with in 24 hours of the inspections desk ordering it other places it could be different, at this point I really dont understand why you had not gone to inspections if the heating system is that bad the LL really should replace it or deal with inspections breathing down his/ her neck because they wont get it fixed right.

 

[quincy]

The link I provided is for California landlords.

I did not see anywhere that neva1's "crappy" rental has had heating problems in the past. And, although 59 degrees may be an uncomfortable and cold temperature for California, it is not dangerously cold unless there are health issues that require a warmer environment.

I think two hours is too short a time for neva1 to think his/her landlord is neglecting the problem.

That said, neva1 has options and the link provides some. neva1 will just want to document all of his/her efforts to contact her landlord so that, if neva finds the need to call for outside furnace repair, neva can have her landlord billed, or neva can be reimbursed by the landlord for the expense, or neva can have the dollars spent on furnace repair deducted from her rent payment.

In other words, I would give the landlord more than just two hours to respond and, in the meantime, take measures to make sure there is no carbon monoxide present. Electric space heaters should be adequate for a short period of time.

 

[sandyclaus]

You could also call the Gas company. In most situations, they will send out a technician to inspect the equipment and ensure that it's safe to use. They will also check for that pilot light and re-light it for you. It's a service they will often provide at no charge.

As for what to do in the meantime? I would suggest running out and purchasing a couple of space heaters to get things warmed up until the furnace can get worked on. You haven't waited nearly long enough to give the LL an opportunity to repair before paying for a serviceman to come out and repair the furnace. While 59 degrees may be a bit on the chilly side, it's certainly not that cold that it would rise to the level of an emergency - especially when there are options to heat the place while waiting.

 

[davew128]

I recommend you get a carbon monoxide detector, an electric space heater (or two or three) to keep you and your mother comfortable, and then notify your landlord a couple of additional times (preferably by more than one method).

Carbon monoxide detectors are now required in CA in all single and multi unit homes. LL was required to have it installed by 1/1/13. Which doesn't mean that they did of course.

 

[GemiGirl]

Went through something similar

I went through something similar except my faulty heater was giving off high levels of Carbon Monoxide. Most states state that if you do not have a working heater and/or that it was not properly maintained your place is uninhabitable. In CA there are different things you can do if landlord is refusing to make repairs or is taking too long ....move (constructive eviction), pay and deduct from rent or withhold rent. It took my landlord 2 months to do things the correct way without trying to kill me 5 times within those 2 months of waiting. Even through contacting the city and county ordiance I was sent back to the landlord saying this was a civil issue and there was nothing I could do. I could not afford to move due to circumstances so I withhold the rent because in my county, if a new heater is to be installed, the tenant cannot do that...The HVAC company must be hired by the landlord to get the permit and do the install (unless landlord wants to install illegally and continue to put your life at risk). It is very important to know your rights as a tenant (they may also vary by city and county).