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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33730
Experience:  Attorney for over 15 years, landlord 26 years
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We performed a cleaning and inspection of a fireplace in an

Customer Question

We performed a cleaning and inspection of a fireplace in an apartment. The company deemed the fire place Non Fire Safe for use. We created an addendum noting that the fireplace was not fire safe per the inspection and it would not be considered decorative only until further notice. The tenant won't sign the paper. Can i just send a notice instead stating that it is not firesafe, to not use it...etc. Or do we need to fix. The tenant does have a Wall Heater as a primary source of heat just like all of the other units. What are my rights as a landlord?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Does the lease make any reference to a working fireplace as an amenity included with the apartment?

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thanks

Barrister

Customer: replied 1 year ago.
No, it does not. The rental agreement is from the former owner. It is a very basic 1 page Month to Mont rental agreement. The only items noted as being included are Window Coverings, Dishwasher and Stove. When the inspection was performed I did intend to the fireplace if it has issues. But when the report findings came back, the repair costs were just too high.
Expert:  barristerinky replied 1 year ago.

Ok, then your recourse here is to simply send the tenant a notice that the fireplace is decorative and not safe to use and under no circumstances is a fire to be lit in it. I have a property with a similar issue, except I just don't want the tenants using the fireplace. So I notify them in writing that they are not functional and could cause a fire if they are used.

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Then they are on notice to not use it and would be held liable if they violated the rule and some type of damage occurred.

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But you don't have to get the tenant to agree...you just send them the notice since it is not necessary for you to provide a functioning fireplace unless it is stated in the lease.

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thanks

Barrister

Customer: replied 1 year ago.
Perfect. Thank you so much. I will create the notice and hopefully there won't be any further issues. I really appreciate your help.
Expert:  barristerinky replied 1 year ago.

You are very welcome. Glad to help. And as a landlord for over 26 years, even if the fireplaces were functional, I would probably tell them that they weren't as fires and tenants tend not to mix well..

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thanks

Barrister

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