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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28371
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Short story: I am on a lease with 8 months left. I lived

Customer Question

Short story:
I am on a lease with 8 months left. I lived there for 2 years 3 months. I told the management property owner I wanted to move out during a water shut off because of a leak in a condo under me. the water was cut off for 5 days. Sunday night through Friday evening. This was the beginning of October
They replaced the water tank on day 4 but another tenant who had the water value in this condo went on vacation and couldn't turn it back on. The Condo association had to get a locksmith to open and turn the water back on. The hot water tank was then leaking gas and I was told he could not light the water tank because of liability reasons.
I moved out after day 4. My property manager wants the next months rent and is bullying me into giving it to him. Do I legally need to pay him?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

Good morning. Where they not able to fix the problem? Who was supposed to light the water tank and why was this not done when it was fixed and repaired? Has the problem been fixed at this time?

Customer: replied 2 years ago.
Long answer:
The water is turned back on. I do not have hot water. The hot water tank is not lit as the gas is leaking. The property manager stated on the phone that is was normal, and he is going to turn it back on, this was yesterday.I imagine that the installers were suppose to light the tank as they installed it. They could not because the water was not turned back on.I emailed this to the property manager on Friday Oct 2, 2015 I added bits and pieces for your understanding.
I wanted to email in case you missed my voice mail, in brackets ( ).Sunday, my water was shut off because of an unknown leak. (I believe that the condo association called the plumber and left a message on my door at 9pm.)Monday, a plummer from Mainline plumbing came out and told me he couldn't get the water turned back on because the main water was in someone else's condo. I came home from work early. (Which, they already knew, because the same company turned it off. They left with the water still off.)Tuesday, another worker came from Mainline plumbing came out. They coordinated the water being turned on with the guy that has the meters in his basement. We then found out that the 20 year old water tank was bad and had been leaking. No action was taken because the owner wanted to get his own guy out here to look at it. On this day they left with the water on, but it was again shut off by the owner of the condo with the water meters in the basement. I came home early from work.Wednesday, The owner of the condo (not the property manager) and another man came out here to look at the water tank to get an appraisal. No work was done on this day, but I was told that it would be fixed on this day. I came home from work early.Thursday, the owner, and three other men came here and put in a new water tank. They left here without turning the water back on and without the doors of the utility room and HVAC doors being on. The dryer is in front of the washer which makes the whole laundry room unusable. Also, did I mention that the water was not turned on? after the owner left the property manager called me and asked if I could go to this man's condo and ask for the water to be turned on. I did this three times 7 pm, 8 pm and 9 pm. Knocking and leaving a note to call ASAP, as he was not answering. I texted you about 7 asking for this man's number so I could call him. (came home early, but worked from home)Friday, today, I woke with no water again. My toilet is full of toilet paper and crap cannot flush without water. (Water still off) I went at 6 am, 7 am, and 8 am and knocked on the guys door. I took pictures of me knocking on his door. His garbage was not out at 6am or 7am, but when I went at 8 it was there but still no answer on his door. I knocked hard on the outer door and the inner door every time. I called the property manager begging to call me back.( I stunk too much to go to work)I have been living here without water for five days. This is unacceptable. What is going to be done? Last winter I was without heat for three days. I would like out of this lease with no penalties, as this place is unlivable. I have been very patient in this matter.
Expert:  RealEstateAnswer replied 2 years ago.

Thank you for the additional information. If the premises is uninhabitable and the landlord/owner fails to fix the problem, essentially forcing the tenant out, they could have a legal right to vacate and terminate the lease early, since the landlord would be in breach and they could not be expected to stay in a rental which is lacking essentials such as hot water and heat. However, if there is a problem, the landlord is allowed and given a reasonable amount of time to fix the problem and if they do, then there would not be a breach. In situations like these, where there are issues with hot water or even heat, the landlord could temporarily relocate the tenant and/or reduce their rent and pro rate it, for the time that these things were not present. Moreover, if there are continuous problems with the rental and constant failures to remedy them, you could use that as a breach of your quiet enjoyment and use and enjoyment of the rental and try and defend and get out of it rental agreement.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!