Furnace filter is under apartments in the crawl space, seems a bit much to expect the average person to change it, much less an older renter?

[ActualOkra]

Like the title suggest, I am wondering if my contract can hold me responsible for changing the filter?

The contract does state its my responsibility. This is in Colorado Springs. I have looked up several local HVAC places and they all charge about $100 for the service call and $50 per unit to change the filter. These fees were not outlined in the contract so I feel like the rental price did not reflect these additional charges upon entering the contractual agreement. Do I have any recourse? I know without a doubt that the filters do not get changed, and prob. have not been changed in many years.

Edit- Just like to thank any responses and ideas that are passed my way

 

[PayrollHRGuy]

You can go buy the filter and change it yourself. I've never seen one that was hard to change.

But since "The contract does state its my responsibility" it is your responsibility.

Not changing them makes the unit less efficient and costs you money and in the long run, can damage the unit.

 

[LdiJ]

You can go buy the filter and change it yourself. I've never seen one that was hard to change.

But since "The contract does state its my responsibility" it is your responsibility.

Not changing them makes the unit less efficient and costs you money and in the long run, can damage the unit.

Did you read the title to the thread? The OP is an older renter and the place to change the filter is in the crawl space. I would be one of those people who would not be physically capable of doing that myself.

 

[ActualOkra]

I am fully capable of changing it, but not everyone could. I feel like a $150 fee every few months for a disabled person to have it changed seems unconscionable? There are other people that live here so I am actually interested if there is any recourse for them.

 

[Just Blue]

I am fully capable of changing it, but not everyone could. I feel like a $150 fee every few months for a disabled person to have it changed seems unconscionable? There are other people that live here so I am actually interested if there is any recourse for them.

They could ask a relative/friend to change it for them....heck you could be a kind and thoughtful neighbor and change it for them.

When you sign a lease you are obligated to follow the conditions of said lease.

 

[Zigner]

I am fully capable of changing it, but not everyone could.

Are you privy to everyone's contract? Perhaps they don't have such a requirement in their lease...or perhaps they do and they have somebody who will help them change it...or perhaps they will willingly pay to have someone do it. Don't worry about other people (in this case).

 

[Zigner]

Did you read the title to the thread? The OP is an older renter and the place to change the filter is in the crawl space. I would be one of those people who would not be physically capable of doing that myself.

Then why would you agree to it, knowing you couldn't do it?

 

[LdiJ]

Then why would you agree to it, knowing you couldn't do it?

I didn't say that I would have agreed to it. I am simply making the point that this was not one of the "I have never seen one that was hard to change" scenarios that PayrollHRGuy was talking about. Clearly this one is hard to change, considering that the person doing the changing has to go into a crawl space to do so.

 

[zddoodah]

Like the title suggest, I am wondering if my contract can hold me responsible for changing the filter?

You answered your own question: "The contract does state its my responsibility."

If your real question was whether some sort of law makes a provision of this sort unenforceable, the answer is no.

seems a bit much to expect the average person to change it, much less an older renter

Perhaps, but you agreed to it when you signed the lease. I don't know if you're "the average person" in some way or if you're "older" than something, but if you didn't want this responsibility, you shouldn't have allowed it to be included in the lease/contract. Moreover, since you told us in your follow up post that you're fully capable of doing it yourself, anyone else's situation is none of your concern.

Do I have any recourse?

I'm not sure what you have in mind. You are free to approach your landlord about amending the lease. You can move when your lease expires. You can do it yourself. You can pay to have someone do it. Or you can not do it. Whether any adverse consequences will result if you don't do it is impossible to predict.

Did you read the title to the thread? The OP is an older renter

The OP did not say that he/she is "older" (than what?). And, in fact, the OP has since informed us that he/she is "fully capable of changing it."

 

[Zigner]

I didn't say that I would have agreed to it. I am simply making the point that this was not one of the "I have never seen one that was hard to change" scenarios that PayrollHRGuy was talking about. Clearly this one is hard to change, considering that the person doing the changing has to go into a crawl space to do so.

Which is a great reason to not agree to that provision in the lease.

 

[Zigner]

The OP did not say that he/she is "older" (than what?). And, in fact, the OP has since informed us that he/she is "fully capable of changing it."

The implication from the title was that the OP was an older person (or, that the post was related to an older person). The OP later followed up with a clarification that s/he was simply a busybody looking out for others.

 

[Taxing Matters]

Like the title suggest, I am wondering if my contract can hold me responsible for changing the filter?

Your landlord may hold you to the contract, assuming that the contract is clear about what is required.

The contract does state its my responsibility. This is in Colorado Springs. I have looked up several local HVAC places and they all charge about $100 for the service call and $50 per unit to change the filter. These fees were not outlined in the contract so I feel like the rental price did not reflect these additional charges upon entering the contractual agreement.

There is no rent control in Colorado Springs or anywhere else in Colorado as state law prohibits local rent control. So there is no legal prohibition here on what the landlord could charge for rent or limits on costs of tenant repairs/maintenance. The fees for replacement of the filter do not have be stated in the contract or otherwise disclosed by the landlord. You could see the lease required you to replace the filter. If that was a concern to you then prior to signing the lease you could have done what you did here — investigate what changing the filter would involve, whether you could do it yourself, and what all that would cost you. It's not like any of that was hidden from you. You don't get out of contractual obligations because you underestimated the cost or difficulty of the responsibilities you assumed in the contract.

 

[ActualOkra]

Id like to add that there is nothing in the contract that alludes to an adventure into a crawl space, nor did the owner in any way specify this was the case.

Id like to also state that the landlord sent an email stating that they would continue to change the filters as the previous owners did. Now they are saying that they have "changed their mind on the matter, and the contract says its my responsibility." So Im not just a "busybody", I'm actually kinda pissed, and I don't think the others living here even realize they are required to change them. Thank you all for your comments and input.

One last edit, I personally really hate the "you shouldn't have signed the contract rhetoric." When you are a single dad, and you are paying over $1200 a month, at the bottom of the rental market, you don't really have a choice. Its a willfully ignorant point of view to hold.

 

[Zigner]

SMH -

It's really hard to give answers for a moving target.

 

[Taxing Matters]

Id like to add that there is nothing in the contract that alludes to an adventure into a crawl space, nor did the owner in any way specify this was the case.

Nothing in Colorado law required the landlord to volunteer information on what it would take to change the filter. Again, if that was a concern to you, you should have asked about it. Like it or not, you are the one that must protect yourself. Don't expect that of the landlord. Read the proposed lease and understand all that it requires you to do and what the landlord will do. If anything in it is not to your liking, try to negotiate something you do like. Then once you've gotten to the point the landlord will not budge on anything, you have to make the choice of whether to take the lease. If you do, then you at least are going into it knowing what you are obligated to do. You don't have to like every provision in the lease, but the landlord certainly may hold you to the lease.

One last edit, I personally really hate the "you shouldn't have signed the contract rhetoric." When you are a single dad, and you are paying over $1200 a month, at the bottom of the rental market, you don't really have a choice. Its a willfully ignorant point of view to hold.

It's a realistic point of view. Yes, all along the front range housing has gotten expensive, and it's harder to find affordable housing at the lower income end. But in Colorado Springs you weren't limited to just this one apartment in the whole city to choose from. If you had really wanted other options, you could have found something else. Maybe not a lot of choices, but they are there. But regardless, none of this changes the legal issue at all. Trouble finding an affordable place does not alter contract law. You're still obligated to your end of the bargain once you enter into the lease. Colorado landlord-tenant law is pretty basic and for the most part lets tenants and landlords work out between them what the deal is going to be.