Oil tank replacement

[jeremysmom]

Bridgeport CT

I moved into my apartment which is in a triplex with my son and his father in July 2009. In the middle of October, the oil company I had signed a contract with for automatic delivery (as stipulated in the lease) tried to deliver oil. They did not and left a work order stating that the bottom of the oil tank was patched and they will not deliver to tanks that are patched because of the huge liability (the tank is in the basement.) When the patch breaks, the entire basement will be flooded with oil and it will be quite the inconvenience for every tenant living in this house. The receptionist emailed me and stated that they would call him about having the tank replaced. My landlord called me later in the evening and left a voicemail on my phone casually mentioning the patch and saying that I am now released from the contract with the first oil company. Then he said that I can now sign up with another one that they had chosen because they get better service rates etc. I called the new oil company and told them immediately about the patched tank, and the man said that he would not deliver oil either because of the liability. I have no idea when this tank was patched, but obviously this was done before I moved in and he never bothered to inform us of it until the middle of October. Judging by the tone of the voicemail, that this patch is no big deal, it is apparent that he has no intention of replacing the tank. I have half a tank of oil, which will not last our family through the winter, and no oil company that I have spoken with will deliver. What are my options? I did hear that by law in CT, heat has to be provided beginning November 1st. Is it possible to break the lease since he knowingly allowed us to move in without informing us of this patch and refusing to replace the tank. I have saved all of my emails as well as the voicemails, as he will probably suggest purchasing space heaters, as he did to the first floor who had issues with their heat when they moved in. I refuse to heat this apartment with space heaters, which use a huge amount of electricity (which I am responsible for.) Any help in this matter would be greatly appreciated, as I am disgusted with the current situation, as well as the landlord. Thanks.

 

[FarmerJ]

Your best bet is to call your city/county building inspections desk and tell them about the tank and ask if they have ords that address it or if they can send someone out to look at it and write a work order to the LL if needed. If the LL refuses to address it then perhaps your city/ county inspector will condem wich you would need a copy of for your records , if the condemn order says no one can live there then your off the hook for the lease.

 

[treese]

The landlord is required by law to keep the oil tank & heating system in good and safe working order and condition.

The landlord cannot require you to heat your apartment with space heaters.


This is all of the information on How To Use The Housing Code Enforcement Law (or Payment Into Court)
Tenants' Rights: Repairs


CT Landlord/Tenant Statutes:
TITLE 47a* LANDLORD AND TENANT

Sec. 47a-4a. Effect of failure to comply with section 47a-7. A rental agreement shall not permit the receipt of rent for any period during which the landlord has failed to comply with subsection (a) of section 47a-7.

Sec. 47a-7. Landlord's responsibilities. (a) A landlord shall: (1) Comply with the requirements of chapter 368o and all applicable building and housing codes materially affecting health and safety of both the state or any political subdivision thereof; (2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition, except where the premises are intentionally rendered unfit or uninhabitable by the tenant, a member of his family or other person on the premises with his consent, in which case such duty shall be the responsibility of the tenant; (3) keep all common areas of the premises in a clean and safe condition; (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating and other facilities and appliances and elevators, supplied or required to be supplied by him; (5) provide and maintain appropriate receptacles for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; and (6) supply running water and reasonable amounts of hot water at all times and reasonable heat except if the building which includes the dwelling unit is not required by law to be equipped for that purpose or if the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant or supplied by a direct public utility connection.

Sec. 47a-12. Breach of agreement by landlord. Tenant's remedies. (a) If there is a material noncompliance by the landlord with the rental agreement or a noncompliance with section 47a-7 which materially affects health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach. If the breach is not remedied within fifteen days after receipt of the notice, the rental agreement shall terminate on such date. If substantially the same act or omission which constituted a prior noncompliance of which notice was given, recurs within six months of the first act of noncompliance, the tenant may terminate the rental agreement upon at least fourteen days written notice specifying (1) the date the breach complained of occurred and (2) the date the tenant intends to terminate the rental agreement by vacating the premises, which date shall be within thirty days of such breach.

(b) The tenant may not terminate the rental agreement under subsection (a) of this section for a condition caused by the wilful or negligent act or omission of such tenant, a member of his family, or other person on the premises with his consent.

(c) This section shall apply only to leases in which the term of the tenancy is more than one month.

(d) Nothing in this section shall in any way restrict the tenant's use of other remedies available to him.

 

[Cvillecpm]

Ask for a release from your lease in writing.