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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Landlord-Tenant
Satisfied Customers: 4215
Experience:  13 years of real estate experience including foreclosures, landlord tenant matters, residential sales and condo/coop matters.
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I have been renting in the state of Indiana County of last

Customer Question

I have been renting in the state of Indiana County of Perry for the last 11 months. 10 of those months I have not had central heat nor air. The landlord brought me 2 space heaters and said he would fix it. In July it still had not been fixed and I bought a used unit at his ok and he said he would hook it up on Labor day weekend. In the mean time I had bought 3 window units as well as 1 stand alone unit for air during the summer. Labor day weekend he did not show up or call. In October we sent the rent as usual and told him he would not receive the next months rent (November) until he came and hooked up the heater. At the beginning of the month he said it would November 13th before the heating and air guy could come. Today he asked me where his rent was and said the heating and air guy would not be here until the 17th. He also said if he did not receive his rent he would start eviction procedures. I got upset and told him that my lease said I would have ac and heat but I don't. Is what he is doing legal?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today.

You are absolutely right here in how you are handling this, except that it is probably time to file something with the court.

You are entitled to hear regardless of your lease, and if your lease says AC too then you are entitled to that too.

You are not only able to withhold your rent, but you may also get a portion of your rent back from past months that you have paid without AC and heat.

I would file an action in the landlord/tenant or small claims court in your county, and ask the judge for a portion of your rent back (maybe half or whatever you think is reasonable), for all the months you have paid, ask the court to declare that you do not have to pay any further rent until the heat and ac are fixed, and ask for money for any other damages that you have, like any heaters or acs you have purchased, or any other incidental damages, like taking time off work to deal with this, etc.

Your landlord should not get a dime until your heat is fixed.

Let me know if you have any questions.

Kim

Expert:  KimberlyLaw replied 1 year ago.

Hello, I am glad to have helped you with your legal question yesterday.

Please go ahead and rate the question a 4 or 5 to close it out. If not, the system may keep your money and I don't get paid for my work with you. It is much appreciated, as this is my full time job.

Thank you and take care,

Kim

Expert:  KimberlyLaw replied 1 year ago.

I just realized that there is a new feature where I have to check a box in order for you to close out on your end.

Positive feedback will ensure that the system does not keep your money, and that I get paid for my work with you.

Take care,

Kim