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Legal Eagle
Legal Eagle, Lawyer
Category: Criminal Law
Satisfied Customers: 18372
Experience:  Licensed to practice before state and federal court
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The property I am renting was sold to an investor that

Customer Question

The property I am renting was sold to an investor that failed to put the gas account in his name for a month. As a result, I have no heat. He is defrauding me by stating in an email that someone turned off the circuit breaker, however, I was told by two representatives of the gas company in a recorded phone call that the gas was turned off by the last owner a month ago. Is this new owner committing a fraud? I am withholding March rent, which he is suing me for.
JA: What was the conviction for exactly? Have all appeals been exhausted?
Customer: there is no conviction ... did you read what I just ask?
JA: Have they talked to an Indiana lawyer about this yet?
Customer: you are not responding to my question
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Legal Eagle replied 7 months ago.
Hello I am an attorney here to help. I'm sorry to hear about your situation. It appears as if you are chatting with the automated system. Im a real person.The answer to your question is no. This isn't fraud. But this is a violation of the implied warranty of habitability. The implied warranty states that a landlord will keep the place habitable while is tenant is living on the property. The failure of the landlord to do so means that a tenant can break the lease or withhold the rent until it is fixed.
Expert:  Legal Eagle replied 7 months ago.
In your case, no heat is a violation if the promise he will keep it habitable. This means you can break the lease or stop paying rent untilthr gas/hest is turned back on. I would advise the landlord in writing that you have the authority to take those actions.
Expert:  Legal Eagle replied 7 months ago.
Did you have any other questions for Mr today?