• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Does tenant have to pay to have heat fixed?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

DesertChick

Junior Member
What is the name of your state (only U.S. law)? Arizona

I rent a nice single family home in an upscale neighborhood in AZ. The landlord has a phrase in his lease that states " A home warranty may be in place. The deductible of $55 is to be paid by the tenant, except for major issues or systems such as the roof, HVAC or water heater. A little over a week ago temps got colder because of a storm and when I tried to use my heater it would only blow cold air. The landlord called the home warranty company to take a look. (They had come out in Oct because it was not working properly and I was charged $55 by the landlord). I was without heat for a week this time and I had to spend a chunk of money on firewood to get by. The defrost board was replaced a week later and now works. The landlord insists I need to pay the $55 deductible. I told him I thought it was unfair, that it was a basic right of a tenant to have heat and I already had to spend my money on wood. When I pointed out his lease said the HVAC system was an exception he said I was misinterrepting that statement and it only covers major issues like replacing the unit. This seems like total BS to me! Can a landlord make the tenant pay for repairs when it is not their fault? And based on the statement that was in the lease I signed am I not correct that it reads that the HVAC system is exempt? Help - he is getting very hostile with me.
 


Banned_Princess

Senior Member
if you dont care about keeping your home, then tell him to sue you for it. He cant evict you immedeately, but your lease most likely will not be renewed...


You dont owe another 55$ for the heat. so if he does sue you for it, your lease specifically states the HVAC. not replacing the HVAC.
 

BL

Senior Member
That phrase or clause is not enforceable .

Search Arizona landlord tenant.

Read the LL's duties .

You both can come to an agreement about repairs and cleaning ,but the LL must compensate YOU .
 

Who's Liable?

Senior Member
Suprise!! here is the link for mobil home park landlord tenant law!! ... but maybe you should review all the sublinks...
Maybe OP edited their post, but I do not see anywhere in the post that states mobile home.


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

I rent a nice single family home in an upscale neighborhood in AZ. The landlord has a phrase in his lease that states " A home warranty may be in place. The deductible of $55 is to be paid by the tenant, except for major issues or systems such as the roof, HVAC or water heater. A little over a week ago temps got colder because of a storm and when I tried to use my heater it would only blow cold air. The landlord called the home warranty company to take a look. (They had come out in Oct because it was not working properly and I was charged $55 by the landlord). I was without heat for a week this time and I had to spend a chunk of money on firewood to get by. The defrost board was replaced a week later and now works. The landlord insists I need to pay the $55 deductible. I told him I thought it was unfair, that it was a basic right of a tenant to have heat and I already had to spend my money on wood. When I pointed out his lease said the HVAC system was an exception he said I was misinterrepting that statement and it only covers major issues like replacing the unit. This seems like total BS to me! Can a landlord make the tenant pay for repairs when it is not their fault? And based on the statement that was in the lease I signed am I not correct that it reads that the HVAC system is exempt? Help - he is getting very hostile with me.
Per this statement, yes. Poorly worded.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top