Our landlord won’t reimburse up for excessive electric bills due to a faulty heater.

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Our landlord won’t reimburse up for excessive electric bills due to a faulty heater.

For the first three months of our tenancy, the heating bills were 400.00. After
three months the heating system was repaired and our top bill for the next nine
months was 180.00. The landlord refuses to deduct the excess from our rent. Do
we have any recourse?

Asked on December 9, 2016 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The only way to get the money back if the landlord will not voluntarily repay you would be to sue him for the money. If you can show that the heating system was defective (e.g. with documentation of the repairs or testimony from the repairman) and that was the reason you had excessive bills, you have a reasonable chance to recover the money: landlords have an obligation to provide "habitable" rental units, and a defective heater would violate that obligation. Such violation could result in landlord liability for the costs you therefore incurred.


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