If we’re renting a house and the fireplace flu gate is broken and is allowing cold air to constantly flow in, is the landlord obligated to fix it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If we’re renting a house and the fireplace flu gate is broken and is allowing cold air to constantly flow in, is the landlord obligated to fix it?
The house we are renting was built over 60 years ago. We are renting it from the landlord through a property management company. The landlord has already refused our request to fix the fireplace and now she is having the management company have us sign a document stating that we are not allowed to use the fireplace. We have a gas heater but we cannot heat up the house due to the chimney being wide open to the freezing winter air outside.
Asked on December 15, 2011 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Every residential lease contains a guarantee of sorts known as the "implied covenant of habitability". Basically what his means is that if a tenant is not given both a clean and safe premises in which to live they have certain legal rights and remedies available to them. They are:
- Repair and deduct - fix the problem and then charge your landlord for reimbursement;
- Withhold rent - withhold any further rental payments until the heat is restored; or
- Terminate the lease - choose to end your tenancy and move.
However, be aware that before attempting any of these remedies you should first need to speak with a lawyer. If you fail to follow the proper procedures for pursuing any of these self-help measures you could be sued. Accordingly, you should consult with an attorney that specializes in landlord-tenant matters.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.