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How long does a landlord have to replace a broken furnace?
Anonymous6 views2 answers
My basement completed flooded (to the ceiling) 2 weeks ago. I was displaced for a week. The breaker panels and water heater were replaced and the furnace (and I'm assuming all ductwork since it was underwater) also needs completely replaced. I was told the HVAC guy was "backed up" due to the flood impacts and it may be a bit until he could get to my house. They gave me a few electric heaters in the meantime. I thought that meant a few days. It is a propane furnace, so I have completely full tanks that I paid in full. I'm paying a riduculous amount to heat the house with these electric heaters which I don't feel are safe to be left unattended (I have a dog so I need to keep them on when I leave for work). What legally are my options? I have a strong suspicion they are waiting until they receive insurance money due to the costs which could be a few more weeks minimum. Temps are freezing at night and I don't feel this is right.
Unfortunately, the answer is "a reasonable time." There isn't a specific time period. "Reasonable" is something that is decided by a judge looking at all the facts. For example, 1 month in the summer would be reasonable, 1 week in January would not.
The fact that he gave you space heaters may extend the time that would be "reasonable." But, the fact that these are costing you more money probably means you can deduct a portion of your rent equal to the increase in your bills. If it gets to be so cold, that you simply can't live there. You can probably break your lease.
Now it sounds like there is a considerable amount of work to be done. Two weeks doesn't sound entirely unreasonable depending on what needs to be done, but you're probably getting close to that time period - especially with it getting cold out.
Before you take any action (like withholding rent or breaking your lease), make sure you consult with a lawyer who can better analyze the facts of your case.
Read your lease. If the lease addresses this situation, then you and your landlord are bound by the terms of your agreement. If the lease is silent or if you don't have a lease, then your landlord has a "reasonable" period of time to make the necessary repairs. If you believe the house is not inhabitable, you should contact a local attorney to discuss moving out while the repairs are underway.
Good luck.
