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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19109
Experience:  B.A.; M.B.A.; J.D.
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My tenant damaged the heating system to use it against me in

Customer Question

my tenant damaged the heating system to use it against me in housing court. The system was inspected in July when I bought the place by a professional hvac company. They just out of the blue had the heat turned on and now it doesn't work. They refused to put electricity in their name and have been using space heaters because I have been paying for the electricity.
JA: Thanks. Can you give me any more details about your issue?
Customer: I am evicting my tenant, no fault, and he wants to stay here 6 months rent free. So since he moved in he refused to turn the electricity in his name, and he did not turn on the heat, instead he has been using space heaters at my expense. So today in February he decided to turn the heat on, and low and behold the system is broken. When I bought the place I had a professional HVAC contractor check out the system and they were all in proper working condition. His heating system is 3 years old, but now it's broken. He did it, but he is going to use it in housing court against me
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Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Phillips Esq. replied 1 year ago.

I have carefully reviewed your post. However, I did not see a sspecific question.

What is your question?

Customer: replied 1 year ago.
what options at this point do i have
Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information.

Get an HVAC person to go into the apartment to assess the damage and repair it if necessary. If the HVAC has been intentionally damaged, then you may elect to file a separate lawsuit against the Tenants for damages.

You need to make it clear to the Court that you just need to reclaim the legal possession. However, that you may elect to file a separate lawsuit against the Tenants for destroying your HVAC. That the Tenants have been troublesome and you just want them to leave so that you can reclaim the apartment, fix it and find suitable Tenants for the premises. You need tell the Court all the things that the Tenants have done including using space heater, which puts your property in danger of house fire; refusal to put their names on the electric bill, etc.

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