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This website provides information on renting for residency in Lexington, Kentucky. Renting laws change from city to city, and from state to state. You should NOT assume any of the information provided in this website applies to an area outside of Lexington.

 

 

>Renting Laws   >Landlord Noncompliance   >Essential Services
   

Essential Services

    

Your landlord is legally obligated to supply you with heat, running water, hot water, electric, gas, and other essential services, unless your lease states that you are responsible for certain Utilities. Keep in mind that there are often extenuating circumstances that prevent your landlord from supplying you with essential services. COMMUNICATE with your landlord and be sensitive if s/he is in a situation that prevents him/her from being prompt.

 

On the other hand, keep in mind that these are called “Essential” Services for a reason. If your landlord is not supplying you with something this important you should expect a much faster response compared to a normal repair situation.

 

If Your Landlord is Neglectful, You Can Pursue The Following Steps

What if loosing this Essential Service has caused me damage?

What if the loss of this Essential Service has made it hard to live in my apartment?  

WARNING

 

 

If your landlord does not supply the essential service s/he is supposed to, then You Can Pursue The Following Steps:

 

1.  CALL your landlord and let her/him know about the problem. Try to get verbal commitments from the landlord about fixing the problem by a certain date.

2.  Give him/her enough time to fix to the problem and/or reply to phone messages. Keep in mind that essential services should require more of a prompt response by the landlord (1 or 2 days at most).

3.  Note when the landlord does not fulfill his/her promises. Keep a RECORD.

4.  If s/he ignores you or does not fulfill promises, send a WRITTEN NOTICE to the landlord. Specify that s/he is violating city laws as well as your lease contract. Explain that you are going to take action to supply yourself with the essential service at the landlord’s expense. SIGN and DATE the notice and keep a copy for yourself.

5.  Immediately after sending the written notice you can go ahead and take whatever actions are necessary to acquire the essential service you are not getting (e.g. call the water company and set up an account to get your water turned on). Make sure that you are obtaining reasonable amounts of heat, hot water, running water, electric, gas, or whatever the essential service may be during the period of the landlord’s noncompliance.

6.  Finally, you legally may deduct the full cost of the essential service from your rent until the landlord supplies you with the promised service.

 

 

 

 

What if loosing this Essential Service has caused me damage?

If your landlord has not supplied you with essential services that s/he is supposed to and you have somehow been damaged as a result (financially or in some other way), you can sue the landlord and get paid back (including attorney’s fees).  

 

 

What if the loss of this Essential Service has made it hard to live in my apartment?

If your landlord has not supplied you with essential services that s/he is supposed to, and as a result the apartment has become unbearable to live in, you may obtain reasonable substitute housing during the period of the landlord’s noncompliance. In this case, you do not have to pay rent to the landlord during this time period.

 

 

 

WARNING:

You legally canNOT take any of the actions against your landlord listed above if:

  • You have not given NOTICE to the landlord that there is a problem.

  • You caused the problem on purpose.

  • The condition was caused because you neglected it.

  • Someone else who was on your property with your consent caused the damage or was responsible for the neglect and you did not stop him/her. 

 

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