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This is the 3rd time our heat went out Landlord will not…

Customer Question
This is the 3rd...

This is the 3rd time our heat went out Landlord will not call repairman till Monday/Tues because the week end rates are higher. does he have to pay for a hotel or at least fire wood so we can keep the house warm. I have a disabled room mate who can't take the temp under 60 degrees.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Minneapolis MN

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Just that he is to provide Heat/water and to repair in a reasonable time. He as never called on the week end in 14 yrs. Is 4 days reasonable or should he call a repairman even on a Saturday so we can keep warm. the lease does state that he is to maintain the apt in compliance with applicable health and safety codes.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He responded he would get someone there when he gets someone there. Also that he feels we are bullying him and that we should vacate the apt 12/31 instead of 2/28/2018. We have a written extension of the lease for 2/28/2018. He did not renew our lease after 14 yrs. over $80 I withheld from my rent, receipt for maintenance purchases.

Submitted: 6 months ago.Category: Landlord-Tenant
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Answered in 3 minutes by:
12/2/2017
Lawyer: barristerinky, Attorney replied 6 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,154
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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What are the expected outside temperatures?

,

Is he providing any alternate source of heat, like space heaters?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
night time 30 degrees, 47 Sat. 51/47 Sun,49/20 Mon 24/14 Tues. the house is 62 and dropping
Lawyer: barristerinky, Attorney replied 6 months ago

Is the landlord providing any alternate source of heating, like space heaters?

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Customer reply replied 6 months ago
I suggested fire wood to keep the pipes from freeing instead of a hotel, He will not provide heaters. he suggested we move 60 days sooner, breaking the extension to our lease.
Lawyer: barristerinky, Attorney replied 6 months ago

Ok, then he is in complete violation of his legal duties as a landlord to provide a habitable dwelling.. That means that you would be within your legal rights to stay at a hotel at his expense until he makes repairs and then either deduct the cost from the rent or sue him for reimbursement of the cost in small claims court..

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He has a legal duty to provide a dwelling with heat and he is in breach of contract in failing to do so.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Customer reply replied 6 months ago
thank you for your time and advice. Brent/Mary
Lawyer: barristerinky, Attorney replied 6 months ago

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

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Thanks much

Barrister

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Lawyer: barristerinky, Attorney replied 6 months ago

One other thing... make sure you take pictures of the temperature inside the house on the thermostat if you can to document the conditions..

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Customer reply replied 6 months ago
great idea, do you have time for another question concerning the basement drain backing up and Mary be admitted to a hospital due to being exposed to sewage? I can go back through the site to pay.
Lawyer: barristerinky, Attorney replied 6 months ago

That is kind of a different topic, but if you wanted to open a new question thread and address it to me, I will be online for another hour or so before I knock off for the evening..

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Customer reply replied 6 months ago
great. thanks
Lawyer: barristerinky, Attorney replied 6 months ago

happy to help out when i can..

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Lawyer: barristerinky, Attorney replied 6 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions on this topic I can help with?

.

.

Thanks much

Barrister

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