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>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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