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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35755
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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Every year I go thru a disagreement with my landlord abut

Customer Question

every year I go thru a disagreement with my landlord abut servicing te oil heater that clogs up every season... to day it was 1 4º in my poorly insulated mobile home. She says its my fault it clogs up . I keep oii in the tank .when runs low I cannot tell it is because there is no gauge on the outside tank .. She tries to stick me with the service bill.every year... What are my rights as this goes?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 1 year ago.

Good afternoon Jackie,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

If you are provided an oil tank for use in heating your home by the landlord, while you are responsible to pay for the heating oil that goes into the tank, your landlord is legally responsible for maintaining the oil tank itself. I fail to see how it could be your fault that the tank clogs up and unless there is something that you are doing or not doing that is specifically causing the tank to malfunction----if you are doing what you should---then there is no legal ground for the landlord to refuse to pay for the maintenance of the oil tank.

If your landlord is not maintaining your oil tank so that heating oil is being provided to your oil heaters, then you may sue the landlord for breach of contract. Additionally, you might consider reporting the landlord to the local health department and or city code enforcement and notify them of the problem as well.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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