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Does this apply as Constructive Eviction?

SheepSheep Registered User, __BANNED USERS regular
edited March 2009 in Help / Advice Forum
Got a new place. It's nice. One year lease. I messed up by not taking pictures of some of the crappy things in the apartment that I had to clean up myself. Only been there a month, so will do so tonight.

Anyway.

Occasional cold snap in MS. Winter isn't completely over and we might have to deal with a few more. Thing is, my heating system is on gas. The owner had the gas meter taken off for whatever fucking reason.

At first the owner wanted to charge me the 250$ fee that the city charges to hook a meter up. Didn't have none of that. It's the landlords responsibility, and the landlord agreed to do it. Well, the other night it was 19 degrees. No fucking heat. So I call, ask them to double check, and they go out and there's no meter.

Well, my mom said that she was at the apartment picking up when the city and gas company got there to install the gas meter. So I call my land lord back and tell her to have the handy man double check and make sure he went to the right place.

So.

I've been given the run around before when it comes to renting places. I've had great landlords, and I've had a few really really crappy ones.

I'm naturally cynical, so I'm just gonna assume that something shady is going on.

Now, I take this as denying me basic necessities. You know. Heat. Body needs it sometimes. If that doesn't roll, then I might try breaking my lease by claiming constructive eviction, basically the landlord creating an unlivable environment.

Anyone familiar with how this works?

I don't want to have to sue. I certainly don't want to have to pay to break my lease and I definitely want my deposit back.

Sheep on

Posts

  • DmanDman Registered User regular
    edited March 2009
    I'm still a little confused on the whole hooking up of gas meter story....

    Start a written log right now of everything with specific dates, times, calls (who was called&what they said), names etc. and keep this up to date.

    If you have no heat right now, call your landlord and tell him you have no heat and the situation is unacceptable.

    Dman on
  • SheepSheep Registered User, __BANNED USERS regular
    edited March 2009
    Yeah. Just got off the phone with some people.

    Apparently, the guy that came out while my mom was there was just someone that the company sends out to INSPECT the gas lines in the house, but can not confirm anything with the city. I have to call the city myself to have the gas meter put on.

    *slaps forehead*

    Why the licensed professional can't call and tell them that it's okay is beyond me.

    Sheep on
  • DmanDman Registered User regular
    edited March 2009
    Bureaucracy :rotate:
    Sounds like things are on the right track, hope it work out for you.

    Dman on
  • Iceman.USAFIceman.USAF Major East CoastRegistered User regular
    edited March 2009
    Heat is indeed a necessity, but there's typically a time period for it to kick in as a problem.

    What I mean is that if your heat does out at 1pm you can't then break your lease at 3pm because it's not fixed yet. Check out your local laws for more specifics about how long it has to be. There's also stipulations for repeat conditions, IE your heat goes out for a day every month or whatever for some reason (usually).

    Iceman.USAF on
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