My furnace is out and the HVAC tech said it could take up to 3 weeks before I can get a new unit approved. Do I have to wait this long?

[cf0886478]

I live in Missouri.

Ever since I started renting my house, I have had nothing but problems. We did do a walkthrough inspection before we signed the lease, however, you cant tell what problems are going to happen when youre living in the house. Since the cold started, we've had mice, theres nails sticking out on the stairwell (it was obviously carpeted before, we didnt walk on the stairs barefooted till we moved in) that we didnt notice before, the piping is original (1929) which is causing leaks, including one on the toilet (the toilet isnt even screwed into the floor properly so it wobbles). All of these things we were willing to disregard since we do like the home and those are things that can be fixed rather easily. However, two days ago, we noticed our vents were blowing out cold air. My boyfriend thought it was a simple pilot light fix, we put in a maintenance request and they were out there the next night. The HVAC tech replaced the thermostat (which was one of the original thermostats ever made according to him) and checked the furnace, including cleaning the tubes and all that. He spent an hour here at our house before he deemed the furnace to be unusable and quite dangerous due to the flames going everywhere and the gas smell. He disconnected the gas line to the furnace. Im currently not able to use any of my rooms besides my bedroom, because the house is so big and cold everywhere else it cant hold heat. I've tried to use several radiators and space heaters (which if i could use them I wouldnt be so angry right now) but the moment we plug another one in, even in a different room, the fuse blows. We have a fuse system, not a breaker panel, and we are unable to locate which fuse is the one that was blown. Put in another maintenace request this morning regarding the fuse and havent heard anything. So right now, we dont have light or electricity in our living room or kitchen, and the house is 53 degrees last time I checked which was this morning when it was sunny. It seems to be dropping about 10 degrees at night, and we are in forecast for ice over the weekend. We just paid rent on the 1st of december, which in my opinion should be completely refunded to me because the landlord hasnt even contacted me to check on us or ask if we need anything, and the HVAC tech said it could be 3 weeks before we get a new unit approved.

Sorry this is so long, just a lot of details. So, the HVAC tech said while he was here last night, that depending if the landlords own the property or if they are managing the property for someone, it could take a few days or up to 3 weeks just to get a new unit approved. I dont know about you, but the idea of living in a home for 3 weeks without being able to do anything but sit under the covers in my bedroom is scary and does not sound fun. I have a small dog as well, shes 5 pounds. Im afraid to leave her alone here without heat when i go to work ( i work until about 9-10 pm) and im also afraid to leave my radiator on for her because it could catch fire.

So, HVAC guy is coming again tonight to get a second opinion from his co worker. Even if they can get it replaced in a reasonable amount of time, I do think I should have some sort of prorate for the days I was without heat and not able to actually live in my home.

I talked to my dad today, he said that we should just talked to our landlords and tell them we don't feel safe in the property, and that they need to break our lease or figure out something so we can move somewhere else. I actually dont feel safe here, not only am I worried about my dog, I now know that the entire time the furnace was working it was shooting out carbon monoxide into my house. The mice are probably chewing the original wires from '29 to the bare bones so theyre exposed, which is a risk of fire. Im not sure if we can legally do that since we are in a binding contract that does state we can buy out the lease for about 1500, but I know Missouri has habituality laws that can protect me from something like this, just not sure about all the specifics.

I just need some advice on what to do here. I am going to wait it out for about a week, but after that week has passed and I still have no news on if I am going to have heat in my home or not, I don't know what i'm going to do. It's only been two days now so I'm not super stressed, however, just the thought of not having heat for even a week is scary. I dont know how cold its going to get in this house before then. For now I can take my dog to family however its not an everyday thing and I shouldnt have to drive 40 minutes from my house before work just to drop off my dog somewhere livable, especially when im paying about $650 a month for this place not including utilities.

Honestly though, I just want to move out this place. It's so old we cant do anything with it, and even the HVAC tech said the house is incredibly outdated and old on wiring. As a tenant, I dont believe i should be held accountable for anything that has happened since we moved in. We've only lived here two months and our house couldve caught on fire from the furnace. I should trust in my landlord to keep the place up to par, I know this isnt always the case though.

My main question is: is it possible for my boyfriend and I to deem the house unlivable due to the heating? We can take them to court with an attorney if neccessary, however, I dont think that should be the case since the place is so old and has obviously not been properly inspected in a while. Any true inspector wouldve seen mouse droppings, areas of mouse chewings, and the faulty wiring. I would really like to just get out of this lease now, or even be transferred to another house that is nicer, I dont even care if the rent is more expensive. I just want to live in a home that I dont have to worry about mice eating my dogs kibble and pooing everywhere and my heat not working in the dead of winter.

TLDR:


So two nights ago, we noticed our furnace was blowing out cold air. We put in a maintenance request which was taken care of the day that we put it in (very fast), however, the HVAC tech told us that the entire unit is screwd up. The heat exchangers are rusted, cracked, and flames are going everywhere, also he smelled gas. He's coming out tonight to get a second opinion on it, but he told me last night that depending on if the landlords manage the property for someone OR if they own it themselves, it could either take 3 weeks to get a new unit approved or a few days. My house is currently 53 degrees and it seems to be dropping about 10 degrees at night due to the cold winter weather (its about 30 degrees out now with a chance for ice). I can use radiators and space heaters, but with how old our home is, we blew a fuse trying to use more than one and we dont have a breaker panel so not an easy fix. I just paid rent a few days ago, and my dad is now telling me to get out of this house asap and see if we can break the lease due to unhabitable conditions as he is afraid that the house could catch fire. I have not heard anything from the landlords since we put in a maintenance request.

 

[FarmerJ]

Have you called your city building inspections desk or did you go there in person ? Lack of heat in the winter is a emergency repair First about the fuses some times fuses don't get a dark black mark in the window so your going to have to try the unscrew and replace with a new one method until you find which one it was , if you have fitted tamper proof ones blue will be 15 amp like the wiring in most living rooms and bedrooms Orange 20amp kitchens and laundry rooms and in older homes it is not uncommon for say two bedrooms to have the outlets on the same fuse. NOW about the furnace does the tech who came work for just the LL or a actual heating contractor ? If he works only for the LANDLORD then I guess what he says about it taking 3 weeks to get approval is too long , CALL your city building inspections desk or go see them on Monday and get them to help you , help you means writing a work order and ordering the LL to fix it with in 24 hours or risk condemnation. yes its possible to get a furnace replaced in one day ! one of the group homes ive worked in before , its furnace went out on Thursday evening and bY Friday morning a local heating contractor whom they have used many times before was out there and unloading a new furnace to take into the house.

 

[adjusterjack]

Read the MO landlord tenant statutes for your rights, the landlord's obligations, and your remedies. Follow the instructions to the letter.

https://law.justia.com/codes/missouri/2017/title-xxix/chapter-441/

 

[cf0886478]

Have you called your city building inspections desk or did you go there in person ? Lack of heat in the winter is a emergency repair First about the fuses some times fuses don't get a dark black mark in the window so your going to have to try the unscrew and replace with a new one method until you find which one it was , if you have fitted tamper proof ones blue will be 15 amp like the wiring in most living rooms and bedrooms Orange 20amp kitchens and laundry rooms and in older homes it is not uncommon for say two bedrooms to have the outlets on the same fuse. NOW about the furnace does the tech who came work for just the LL or a actual heating contractor ? If he works only for the LANDLORD then I guess what he says about it taking 3 weeks to get approval is too long , CALL your city building inspections desk or go see them on Monday and get them to help you , help you means writing a work order and ordering the LL to fix it with in 24 hours or risk condemnation. yes its possible to get a furnace replaced in one day ! one of the group homes ive worked in before , its furnace went out on Thursday evening and bY Friday morning a local heating contractor whom they have used many times before was out there and unloading a new furnace to take into the house.

He owns his own company and services the general area where I live, so he doesnt solely work the landlord. I have not spoke with the city building inspections yet but we will definitely go there on Monday. Thank you for your reply.

 

[bcr229]

Not legal advice but I would pick up several kerosene heaters so the house doesn't freeze up, since you're looking at overnight temps in the single digits. The last thing you need now is frozen pipes / no water on top of everything else. Get some CO detectors too.

 

[not2cleverRed]

Not legal advice but I would pick up several kerosene heaters so the house doesn't freeze up, since you're looking at overnight temps in the single digits. The last thing you need now is frozen pipes / no water on top of everything else. Get some CO detectors too.

Where do you get this from? This is Missouri - some places might dip into the teens this weekend, but that's a far cry from single digits.

I would advise against using kerosene heaters. But perhaps I am just naturally cautious. There might even be something about it in the lease. In fact, pull out that lease and see if it says anything about what to do/not do in cold weather. No sense violating the lease and burning the house down.

Would I worry about pipes? Sure. In fact, PIPES are the only thing that's really concerning. If it's dipping below freezing turn the faucets on - not full blast, but enough to keep some flow, to impede freezing.

The people and the dog can survive without heat for a bit. Bundle up.

Source: similar age house, partial loss of electricity last winter when a line went down across the driveway, and lacked enough voltage to run the furnace. Electric company took their sweet time, because the initial person evaluating didn't think it was an electrical line. Glad I followed my instincts and didn't shovel out the end of the driveway, or I might not be here.

P.S. Legally, my advice is to get through the weekend and contact the LL about the situation before breaking your lease or withholding rent.

 

[cf0886478]

Where do you get this from? This is Missouri - some places might dip into the teens this weekend, but that's a far cry from single digits.

I would advise against using kerosene heaters. But perhaps I am just naturally cautious. There might even be something about it in the lease. In fact, pull out that lease and see if it says anything about what to do/not do in cold weather. No sense violating the lease and burning the house down.

Would I worry about pipes? Sure. In fact, PIPES are the only thing that's really concerning. If it's dipping below freezing turn the faucets on - not full blast, but enough to keep some flow, to impede freezing.

The people and the dog can survive without heat for a bit. Bundle up.

Source: similar age house, partial loss of electricity last winter when a line went down across the driveway, and lacked enough voltage to run the furnace. Electric company took their sweet time, because the initial person evaluating didn't think it was an electrical line. Glad I followed my instincts and didn't shovel out the end of the driveway, or I might not be here.

P.S. Legally, my advice is to get through the weekend and contact the LL about the situation before breaking your lease or withholding rent.

We arent planning on withholding rent and we do plan to go into the office on monday and tell them whats going on. The HVAC tech failed to make it out last night due to having too many service calls so hes supposed to come out tonight, hopefully. The main concern for me is not knowing when or if I will have heat and not having an actual date set. Basically everything is up in the air right now. I am also scared of using any kind of heater at this point because its a fire hazard especially if its on while im not at home, and Im a huge worry wart and have anxiety, so since this has been going I havent been able to go to work or leave the house without my dog because I dont trust this place and I dont feel safe. Yes I can bundle up, but its kind of hard to bundle your dog up that wont keep a sweater on and doesnt like blankets, but still gets really cold quickly. I had her on my lap covered up with three blankets the other night and she was still shivering.

Thank you for your reply.

 

[not2cleverRed]

We arent planning on withholding rent and we do plan to go into the office on monday and tell them whats going on. The HVAC tech failed to make it out last night due to having too many service calls so hes supposed to come out tonight, hopefully. The main concern for me is not knowing when or if I will have heat and not having an actual date set. Basically everything is up in the air right now. I am also scared of using any kind of heater at this point because its a fire hazard especially if its on while im not at home, and Im a huge worry wart and have anxiety, so since this has been going I havent been able to go to work or leave the house without my dog because I dont trust this place and I dont feel safe. Yes I can bundle up, but its kind of hard to bundle your dog up that wont keep a sweater on and doesnt like blankets, but still gets really cold quickly. I had her on my lap covered up with three blankets the other night and she was still shivering.

Thank you for your reply.

I'd worry about the same thing!

I understand your concern for your dog. It sounds like this is not a cold weather breed. During the daytime, it should be easier for it to keep warm, but perhaps you might see if there is a local doggie daycare he can go to until this is resolved, so that you can go to work.

 

[cf0886478]

I'd worry about the same thing!

I understand your concern for your dog. It sounds like this is not a cold weather breed. During the daytime, it should be easier for it to keep warm, but perhaps you might see if there is a local doggie daycare he can go to until this is resolved, so that you can go to work.

Unfortunately we dont really have the money for something like this, otherwise I totally would. She can go to my moms, but my mom is at home alone with my sisters dog till late and they do not get along at all and its overwhelming for my mom, and I dont have any other friends or family members that dont have dogs either. I just want my heat back on so i can live normally without having to wear 10 layers just to make food lol

 

[FarmerJ]

If you use a heated mattress pad on a bed ( super nice to lay on in a room that only gets heat that flows up the stair well when stair well is covered ) rover will discover how nice it is too once he is on it with you . We have inherited a pet ( spots a 12 inch beagle ) from a relative who screwed up and couldn't find a place to live that allowed dogs and spots is best friends with the heated mattress pad.

 

[cf0886478]

HVAC guys came out last night to do a final assessment, basically said the furnace is ruined and we need a new one, but didnt say when we will be able to get one. He said he talked to the landlord but didnt say what she said. He brought us some nice heaters to put out in the house but it hasnt made the rooms anymore comfortable, but I am able to go out there for a short amount of time without shivering. HVAC guys were able to find the fuses and the fuse box thats in the home isnt even active, theres a breaker panel outside that we found, so thats good. My dad still wants me to go to the office tomorrow and get out of our lease. He doesnt want me living here after what happened because he is afraid of what else could go wrong, and so am I, specifically because we've only lived here two months and so many things have already gone wrong. My boyfriend was outside with the HVAC guys last night and he said that there is a gas leak in the furnace, and the smell of gas is very strong. My dad and my boyfriend are really adamant about getting us out of here, which I think is probably the best thing to do at this point. There is only so much a tenant can inspect before they move in. Dont know how its gonna go down legally but my argument is, I dont feel safe in this house due to what has already happened, and as a landlord theyre responsibile for not only the repairs but the maintenance so things like this dont happen in the first place. Had they had the place professionally inspected (which to our knowledge they did, we're still young and this is our second place so we're still learning) the inspector wouldve noticed everything thats wrong. The leaking toilet that causes molding by the toilet and probably underneath as well and in the flooring, the furnace that was just waiting to break down, the gutters falling off the side of the house, the leaking pipes in the laundry room cause the piping is from 1929, and not to mention theres literal holes in the floor behind the toilet and in the cabinets, which doesnt help the mice. If i do stay here, I am definitely calling maintenance to get all of that taken care of immediately, even if it means reinstalling cabinets, reinstalling floors, and actually making the place livable. Itd be cheaper on their part to just let me out of the lease than to repair all the problems. Maybe im just being picky, but if im paying for a place I want it to be to my standards. Also, I talked to my work, they are willing to give me a couple weeks off to get everything taken care of, its unpaid, but at least I wont have to worry about losing my job when we do get things figured out.

 

[cf0886478]

I also want to add that the landlord did not disclose any of the problems with the home to us at any point in time, and its obvious there were mice here before. On our first week of living here, I had to clean the entire kitchen/bathroom with bleach and vinegar because the place was so nasty and obviously not cleaned since the last owners moved out. Dirt everywhere. I still have dust bunnies and clumps of who knows what on top of my windows. There were mouse droppings in the cabinets, in the corners of the shower (i couldnt even get that completely clean so theres still mold and dirt just matted into the corners of the shower), and in the pantry. We even found a dead mouse that was so old it was shrunken and brown, stuck to one of the nails in the floor in the bathroom where there isnt even a plank of wood, just a base. I know these things i cant really argue because I did know about them after we moved in, but I was thinking at the time that oh its an old house, there hasnt been anyone here, maybe the last owners had bad hygiene. So i cleaned everything up and lo and behold once it got cold I started noticing droppings, then we noticed the mice eating my dogs kibble, and then we noticed the actual mice. Pretty sure theyve reproduced too cause theres a few bigger ones and a couple tiny ones. Ive already put out traps but im afraid to use bait or poison because of my dog. So thats just another expense on the landlords. Like i said before, if the landlords are willing to get this place in shape in a timely matter, I will stay here because I do like the house, it just has a lot wrong that is aiding to other problems, such as the holes in the floor that lead to the underneath of the house and the mice.

 

[Gail in Georgia]

Listen; said boyfriend and father can be as adamant as they want but frankly what they demand means beans legally.

Come Monday call your License and Inspections department and discuss this matter with them. Explain you need them to come out to the rental unit and view the repair issues you describe. If they determine the unit is unsafe to live in you get out of your lease immediately. Often they will require a landlord to make needed repairs to issues of safety or health immediately.

Gail

 

[cf0886478]

If you use a heated mattress pad on a bed ( super nice to lay on in a room that only gets heat that flows up the stair well when stair well is covered ) rover will discover how nice it is too once he is on it with you . We have inherited a pet ( spots a 12 inch beagle ) from a relative who screwed up and couldn't find a place to live that allowed dogs and spots is best friends with the heated mattress pad.

I'll definitely look into heated blankets/mattress pads if we do not have any results by tomorrow. Trying to stay positive about the whole situation but the not knowing of it is hard for me. Being an adult sucks lol

 

[cf0886478]

Listen; said boyfriend and father can be as adamant as they want but frankly what they demand means beans legally.

Come Monday call your License and Inspections department and discuss this matter with them. Explain you need them to come out to the rental unit and view the repair issues you describe. If they determine the unit is unsafe to live in you get out of your lease immediately. Often they will require a landlord to make needed repairs to issues of safety or health immediately.

Gail

Yeah, I know, and thats what im worried about is the legally binding contract we're in. We are taking it one step at a time right now. If we dont get any results tomorrow morning we will definitely contact our inspections department and go from there. I feel like the house needs a thorough inspection, the crawl space, attic, and inside the walls. Thanks for the reply.