Help! Landlord wont fix heating!

[malissak]

What is the name of your state (only U.S. law)? Idaho
I am renting a home that has wood heat. The wood heat pipe broke & the landlord wouldnt fix. I kept calling them & they said they were debating on what type of heat source to put in. It got down to 54 degrees in the house w/5 space heaters running! After 3 days of this I called an attorney who told me to write a letter stating they had 3 days to fix it (per Idaho Code 6-320). They responded with a letter giving me 30 days to move as they didnt want to fix it. I responded that I couldnt use over half the house (its 3 stories) as I was having a hard time heating the main floor alone! It never got over 62 degrees in house. They then responded w/a letter giving me a choice...move within 3 days & they would refund days of rent from the date pipe broke, or choose to stay 30 days & rent house "as is" and holding them harmless!! Now what do I do?? It gets down to 19 degrees @ night here, I have a ton of snow, a 17 yr old son, & Ive been looking desperately for a place and there arent any available right now. I have possibilities in the next 1-2 weeks to look at. Ive taken pics of the temp in the house, the electric meter, etc every day. It has been 6 days now & they make it sound like I have to move in 3 days or they arent liable. They are expecting full rent on the 1st if I stay! I have nowhere to go in that time frame! I was even told by them (when I kept calling to see if they were gonna fix it)to just put on more layers of clothing when I told them how cold it was! I want out & have the money, I just have nowhere @ this time. We can live with it another week or so if have to, can get more heaters, but what can they do to me now if I dont leave in 3 days???

 

[Gail in Georgia]

Call Code Enforcement regarding the heat situation. The landlord has to provide an adequate source of heat (although if they have provided the space heaters they may argue that they have provided an alternative).

I'm not sure why you're taking pictures of the electric meter if the heating unit is a wood stove but perhaps what you're saying is that the wood heater also is connected to a blower that works on electricity?

At any rate, it is important for tenants to understand that no landlord can evict anyone; only a court can grant an actual eviction and in order to do this, the landlord must request a judgement granting this. Thus the threat to be out in 3 days is harmless (as is, by the way, the idea that you can stay 30 days yet hold the landlord harmless for not fixing the heating situation).

The bottom line is that the landlord needs to provide a suitable and adequate source of heat.

Familiarize yourself with the attached which outlines your rights as a tenant:

http://www.ag.idaho.gov/publications/consumer/LandlordTenant.pdf

Gail

 

[malissak]

Im sorry, but Im not sure what you mean by code enforcement? And no, the landlord only brought me 1 small space heater, two are mine and the contractor that came to look at damage the first day loaned me 2 heaters because he saw how cold it was!! I've taken pics of the electric meter to document the amount of electric it is taking to run 5 space heaters 24/7 while they refuse to fix the wood heat. My electric was high before, now it will be outrageous! As i said, I'm trying so hard to get another place, I dont want to be this cold every day! As soon as Im out, can I take her to court for all of this? She has cost us a major hardship, not to mention the electric bill, the not supplying heat, suffering in the cold! Thank you for your response, it has helped

 

[BL]

Im sorry, but Im not sure what you mean by code enforcement? And no, the landlord only brought me 1 small space heater, two are mine and the contractor that came to look at damage the first day loaned me 2 heaters because he saw how cold it was!! I've taken pics of the electric meter to document the amount of electric it is taking to run 5 space heaters 24/7 while they refuse to fix the wood heat. My electric was high before, now it will be outrageous! As i said, I'm trying so hard to get another place, I dont want to be this cold every day! As soon as Im out, can I take her to court for all of this? She has cost us a major hardship, not to mention the electric bill, the not supplying heat, suffering in the cold! Thank you for your response, it has helped

Type in a google search with your City State Code Enforcement .

That should give you the Agency to contact to file a complaint .

 

[Gail in Georgia]

The article I included in my first posting outlines a tenants options if the landlord does not comply with repair requests:

http://www.ag.idaho.gov/publications/consumer/LandlordTenant.pdf

Information on this starts on page 12. Since the landlord has not responded to your repair request adequately (essentially "blowing you off" over this matter), you can consider filing a lawsuit against them.

Gail

 

[malissak]

Thank you for your answers. I tried to find a code enforcement, but we don't have one. The town Im in has like 2,000 people! Theres a courthouse, but I cant find anything on code enforcement. So my last question is..to sue her, do I start that in small claims or what? I cant afford an attorney & of course we dont have a legal aid here either. I just need to know where to start the process then because its been a week now and she's not going to fix it. I feel I shouldnt have to pay her rent on the 1st if Im not out yet (I hope to be moving at that time) as I am being forced to move & have to come up with alot of money to do so

 

[Gail in Georgia]

Call the Clerk of Court office Monday morning. These type of cases are typically heard in Small Claims. Folks represent themselves so the additional cost of an attorney is not something you need to worry about.

Gail

 

[malissak]

I will do that. Thank you so much!

 

[FarmerJ]

is there anyone from your county zoning dept that can come out and take a look since you said there is no inspections, (i too live in rural county and zoning has the right to inspect and also handles inspections for assessors office)

 

[Proseguru]

I burn coal myself, heating a 2400 sqft house. Its a lower fuel cost compared to wood (about 25-50% cheaper) and a lot cheaper than electricity (50%). Where your at, this is not an option unless you wanted to contract out a delivery of the coal.

But here's a kicker: they will not be able to get a stove installed until spring in all likelihood unless an installer takes pity on you 'cause you have no heat. They are still installing systems bought in the late summer I would guess.

So your LL should just do a repair and order a new system for installation later if they wish to change the system out.

I would go to a hotel and tell the LL that they'll have to pay for it +the electricity. I would keep the electric on so pipes don't freeze.

I would make the point to the LL that if the electricity goes out, his pipes will burst in a matter of hours so it makes sense to get the stove repaired.

54 isn't bad ... I don't fire up my stove until it goes below 50. But that's by choice .. your LL is obligated to do more than 54.