Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

PA** we have one furnace for our and the thermostat is in

Customer Question
PA** we have one furnace...
PA** we have one furnace for our triplex and the thermostat is in the first floor unit. we have a box around the thermostat, which we set to the state minimum of 68 degrees during winter months. we have found at times that the tenant on the first floor will turn up his/her stove as a supplemental heat source. not only is this dangerous, but it artificially raises the temperature in the same unit where the thermostat is placed, causing there to be insufficient heat to other units. a new tenant is moving into the first floor unit and we'd like to add something to the lease like "j) If Tenant lives in a multi-unit building whereby the landlord is paying for the heating and the thermostat is located in Tenant’s unit, Tenant may NOT use the stove as a supplementary heat source. This is hazardous and the artificial elevation of temperature in Tenant’s unit prevents proper heating of other units. Landlord shall fine Tenant $75 per occurrence of using the stove to supplement heating to Tenant’s unit. There may be thermostats in other units and if Landlord hears complaints of not enough heat from other tenants in the building, Tenant grants Landlord permission to access Tenant’s unit immediately to check for suspected use of the stove as supplemental heat source." Is there anything not legal in what we are proposing?
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 18 minutes by:
11/1/2016
Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 20,200
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Landlord-Tenant Question
Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago

I see one problem with this provision. How are you going to tell if the Tenant is using the stove for cooking or heating the apartment? Remember, you cannot determine when the Tenant would use the stove for cooking. The Tenant can cook in his own apartment at the times convenient for him. So, the provision that you are proposing is not legally enforceable.

I am sorry that I do not have better news for you.

Ask Your Own Landlord-Tenant Question
Customer reply replied 1 year ago
well the 'trigger' would be complaint from other tenants of not enough heat. the thermostat is in the living room, which is down a 20 ft hallway from the kitchen. if the tenant uses the stove for cooking, then we would not expect the temperature in the unit to be affected much and if it does then it wouldn't be for long. the temperature in other units would not be affected. that's why we would need immediate access in order to determine if 1) the gas stove is being used improperly and hazardously and 2) the stove is being used as a heat source.
Lawyer: Phillips Esq., Attorney-at-Law replied 1 year ago

You would need an Expert to make that determination. I do not see how the provision would be enforceable in its current form. However, I will opt out to give another Attorney the opportunity to comment on your case.

Best wishes,

Ask Your Own Landlord-Tenant Question
Lawyer: Attorney2, Attorney replied 1 year ago
Attorney2
Attorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7,699
Experience: 29 years of experience in Landlord Tenant Law.
Verified

I am a different attorney and it will be my pleasure to assist you as the attorney that was working with you opted out.

You need to have documentation that shows that there is over use by the tenant. You would contact a licensed contractor to put in writing that the tenants are using an excessive amount heat and adding an additional heat source through the stove. Once you have this in writing you have every right to inspect the unit and show that this tenant(s) in is violating the lease.

We want you to have proof so that any action you take can be backed up and will protect you from any actions that you take.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter as it would be my pleasure to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

The Attorneys on the site do not receive credit for their time or work if the customer does not rate us positively. There is no additional charge to you for a positive rating and you can still receive a refund. Thank you for your consideration.

You may not be aware that the attorneys on the site only receive credit for their work when the customer takes the time to rate them positively. Thank you for your consideration.

Ask Your Own Landlord-Tenant Question
Ask Attorney2 Your Own Question
Attorney2
Attorney2
Attorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7,699
7,699 Satisfied Customers
Experience: 29 years of experience in Landlord Tenant Law.

Attorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Is stent intile. I own a house in Bronx, NY, I have a tenant
HI! I own a house in Bronx, NY, I have a tenant that own me 9 months of rent. I send him to court and he was supposed to moved out in December, but he keep asking for an extension. He is very disrespectful, he smokes pot in the smell goes down my apartment. What else should I do? … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
20,200 satisfied customers
My landlord is forcing me to pay for the cost of heat tapeto
hi, my landlord is forcing me to pay for the cost of heat tapeto heat pipes( mine and tennent of first floor)which is wrapped around the pipes outside of both apartments, the water heaters are in an u… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I currently rent an apartment with my father. The apartment
I currently rent an apartment with my father. The apartment is rent controlled, and we originally moved into the apartment complex in 1993, and have lived in our current unit since 2001. I was a child… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,939 satisfied customers
I entered into a lease agreement with my cousin that in the
I entered into a lease agreement with my cousin that in the event my step mother passed away, the moment of her passing my life estate would start, that because I was living a long distance away I wou… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
We have a current lease on a duplex in round rock texas all
we have a current lease on a duplex in round rock texas all was good till one roomated died now she wants a new lease with new deposit and new pet deposit same people living here same pets why would I… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
20,200 satisfied customers
Tenant rights! was asked to leave, landlord was mad said I
tenant rights! was asked to leave, landlord was mad said I did not pay rent I p[ayed cash. left that same day became homeless, I'm on disability, I ended getting a nervouse brake down. she kept all my… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
20,200 satisfied customers
Our landlords haven't fixed the leak in the storage she/car
our landlords haven't fixed the leak in the storage she/car port/ roof which has led to an infestation of black mold. The leak also leaks onto our breaker box. Our landlords have yet do anything about… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
In Florida, there is an abandoned vessel from tenants who
in Florida, there is an abandoned vessel from tenants who have left it behind. which is the easiest way to gain possession even if the vessel has a lien holder AKA "bank" . it has been at said propert… read more
Lori
Lori
Juris Doctor
256 satisfied customers
I moved to Florida in August to stay with my son and his
I moved to Florida in August to stay with my son and his mother... the agreement was to split the bills... they moved out and shut electric of and now the landlord is trying to stop me from turning on… read more
Lori
Lori
Juris Doctor
256 satisfied customers
I would appreciate your help quickly. I came to visit my son
Hello..My name is***** would appreciate your help quickly. I came to visit my son son, his fiancee and his son to visit for Christmas and New Year's celebration. Upon my arrival, I become concerned th… read more
Lori
Lori
Juris Doctor
256 satisfied customers
I have a tenant who has not paid rent, damaging property,
I have a tenant who has not paid rent, damaging property, parking in other tenants parking spots and has attacked me personally two times. Today I got a certified letter saying I must not cut off his … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
Our landlord is refusing anything but cash in hand for rent
our landlord is refusing anything but cash in hand for rent and adding late fees everyday. We are out of town on vacation and offered 4 differernt types of payment including over night check, money or… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,087 satisfied customers
Living in apartment 5 years. i am 100% disabled veteran. For
living in apartment 5 years. i am 100% disabled veteran. For 5 years my garage and at times my bedroom and living has leaked water every time it rains, with increasing severity. I was assured it was f… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,283 satisfied customers
I am disabled with severe asthma and my landlord gave me a
I am disabled with severe asthma and my landlord gave me a 30 day notice to vacate after I asked for mold growing in one of my bathroom ceilings to be properly remediated. I have sealed that bedroom a… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
20,200 satisfied customers
My rental company will not renew my lease due to being late
My rental company will not renew my lease due to being late several times. I am a single mother with a 2 year old. Do i have any rights? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I rented a room to a tenant, no lease or written agreement.
I rented a room to a tenant, no lease or written agreement. It was agreed that it would be month to month, with her payment due on the 3rd of each month. She moved in Jan 3th, and her next payment is … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
On 11/30/2017 I ordered on line from Lowe's store washer and
On 11/30/2017 I ordered on line from Lowe's store washer and dryer, paid by my credit card for this purchase $2, 900. I was assured by the store that these machine would be delivered on 12/14/2017. The merchandise were not delivered, the store didn't indeed me about delay. Then Lowe's promised to deliver it on 12/24. The same result: no calls, no delivery. On December 30 they promised to deliver but I was told that the truck could cross the bridge and they will deliver these machines next week. NO luck, machines are still were not delivered. I ordered these machine for a rental property. The tenants are very upset and I have problems with Airbnb clients because my listing included the availability of the laundry room. Do I have a case for a Small Claims Court? What is your advise. Thank you, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,307 satisfied customers
My section 8 apartment manager is preventing me from
my section 8 apartment manager is preventing me from renewing my lease … read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
20,200 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x