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mamamimi
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| Joined: | Fri Feb 22nd, 2008 |
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Posted: Sat Feb 23rd, 2008 12:25 pm |
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I never let it go below 1/2 a tank. The furnace I'd venteure to say 15-20 years old. I use the same oil company, and there is clause in my lease that states the LL is to clean and maintain the furnce, I am only to make sure the heat is at 62 in the winter and to put the correct oil (kerosene) in it. Even the caretaker says he has know idea as to why it keeps going out. He fixed it yesterday then 3 hours later it went out. We spent over 12 hours in a house that was getting colder and colder by the second because the caregiver was snowed in. I did not have the $$ for a hotel, because if I did I'd not have the $$ for rent, (like I said on weekends here hotels raise the rates)
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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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Posted: Fri Feb 22nd, 2008 11:18 pm |
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This depends on what is causing the heater to malfunction. If you are allowing the tank to run low between fillings, this is not the LL's fault. Allowing the oil to get low in the tank will stir up debris and water in the tank when it is filled, fouling the oil nozzle and the oil filter on the furnace. Always keep the tank filled near the top to prevent this. If this is the cause, he owes you no compensation since the furnace malfunctions would be your fault.
If the furnace is malfunctioning for a reason that is not in your control, the LL owes you a rent credit prorated for the days when you had no heat in the unit. You would use that rent credit to pay for your lodgings. You need to know why the furnace is not working correctly to see if your are entitled to a rent credit. Ask the furnce repairman what the cause was. I would hazard a guess, if this is a recurring problem that happens even when the tank is not filled, that you have water in your line and it is freezing. You can buy a bottle of additive and pour into the tank to eliminate this. This is simple maintenance that should have been performed every few fillings, just like changing the filter. This would not be the LL's fault.
If you plan to rent withhold, you need to contact the clerk of court and see what the correct procedure is for this in your area. Failure to follow the court's procedure can have consequences.
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mamamimi
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Posted: Fri Feb 22nd, 2008 05:20 pm |
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I pay for my own oil, but my LL maintains the furnace. Since January the heat has gone out 6 times. The first few times it was fine because the weather was mild here in CT, however since Super Bowl Sunday it has been CHILLY. I have made calls to the LL, and on more than 1 time his "emergency" number messages have been full so I could not leave him the message. Thank goodness the caretaker gave me his cell # so I could get in touch with him.
One week ago it went out at about 4 pm and the caregiver could not fix it until the morning, so I packed up my 18 month old and my 18 year old and went to the cheapest (yet cleanest) hotel I could find. I plan on deducting the cost from my rent next month (it was under 50 bucks that's how cheap I went). Turns out the LL is vacationing in Florida and will not be back until next week.
Then today in the middle of a raging snow storm my 18 year old calls me at work to say the heat is out AGAIN, I call the LL this time I actually get his message machine  , tell him its out, wait 2 hrs and no call back, so I call again. Finally after an hour I get fed up and call the caretaker who did I mention lives an hour away. Last check in with my son is that the care giver is there and trying to fix it.
My question if it is not fixed can I go to a hotel and make my LL pay for it by deducting it from my rent? Like I said I have an 18 month old toddler and an 18 year old young adult. It is the weekend and hotels tend to cost more (especally here near the casinos)
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