lanlord broke lease?

[sdgirl]

What is the name of your state? South Dakota
My lease for this apartment states that gas, water, and electric are included in rent. My landlord shut off the gas which powers the central heat system without telling me. It was very cold and snowed the next week and when I called to notify her that the heater wasn't working she then told me the gas was turned off and would not be turned on and if I was cold to use the oven to heat the house. Is this a violation of the lease since gas is supposed to be included?

 

[curiousgeorge12]

Yes, it is - it is a violation of the habitability clause.

I would make a written request to the LL to have the heat turned back on with a specific "reasonable" deadline, then wait a to see if she remedies it. Be specific about what you want and cite your lease. Send it CCR and keep a copy.

If she doesn't do anything, I'd contact the local housing inspector about the code violation. That might light a fire under her. She'll get notice from the city and have to fix it or pay a fine.

I believe that under SD law you might also be able to sue her for damages due to "interruption of essential services." IIRC, you can get two months free rent and return of your deposit. I'd check with a lawyer on that though.

If all else fails, you can move out without penalty, since the apartment is not habitable. Good Luck!

 

[FarmerJ]

you want to search your state statutes and local city/ county ords for a law spelling out when a LL has to have heat avail when its included in a rental, like up in ND for example when heat is included LL must maintain 65 degrees during heating season, or over here in MN 68. then once you have that info call your county / city health dept / building inspections dept and make a complaint with them that the LL has shut off the gas too soon and you have no heat. they should have someone avail to come out and make a written report and will notify the LL if they find the LL to be inviolation of local/ state law. If your LL gets upset too bad , request a copy of the report for your own records. Your LL telling you to use oven is not correct . your LL needs to take other steps if they must limit how much heat is used.

 

[IrishNodak]

Here is what SD LL/Tenants laws say:


A landlord may neither lock out a tenant nor interrupt the

services, such as electric, gas, water or other essential

services. Doing so could subject the landlord to damages

of two months free rent and return of any advance rent

and deposit paid to the landlord.


Also:

A landlord cannot retaliate
(strike back) by filing an eviction notice, or by increasing
rent, or decreasing services, because a tenant
contacts a governmental agency charged with the responsibility
of enforcing a building and housing code.

It does say you can leave or repair the problem yourself but you have to give the LL reasonable notice in writing first and keep a copy. As the other poster mentioned from now on communicate in writing sent CRR.

The SD laws also recommend calling your local building inspector to see if this is a code violation and they will then enforce the LL to take care of the problem. Since the above statutes state that it IS a violation and that she can't retaliate against you for it, I would just go straight to the city BI and get it taken care of that way. April seems way to early in SD to be shutting off heat. I am a MN/ND native.

Good luck!