After a Reddit user posted a photo of his thermostat being “closed” by his owner during the winter, the readers had a burnt question: is this even legal?!
As the landlords hold many of the cards when it comes to your rental property, there are lines that they should not pass, according to real estate and real estate experts spoken to Realtor.com®.
Here are the rights of tenants:
The landlord blocks the tenant thermostat: Is this legal?
The landlords are required to provide essential services, including adequate heat and hot water, as part of their task to ensure that the premises remain habitable.
That is to say, the legality of this scenario in the USA varies depending on the location.
A photo of the presumed tenant’s tenant thermostat was loaded by Reddit Nebualxy in February. 2
As for this report, the photo received 12,000 upvota.
Clearly, a nervous was touched.
The thermostat was sealed in a transparent lock box with a open lock, preventing the tenant from modifying the temperature.
Nebualaxy wrote: “The landlord closed the thermostat in the middle of winter to ‘prevent’ the boiler by losing pressure. The pressure still leaves us without heat or hot water every day. “
This photo was loaded by the United Kingdom, where this really happens to be illegal.
“According to the landlords and the act of tenants 1985 in the UK, the owners should keep the heating and hot water systems in good repair and work,” says Alex Grigoriev, a real estate expert from the sale of DC Rapid House .
What if this happened in the US?
Landlord Sergio Aguinaga, founder of Michigan Houses for Cash at Lincoln Park, I say: “Where I live in Detroit, I have to provide heat and hot water for my tenants. So closing a thermostat is against the law.”
“Disabilities aimed at accessing essential services such as heat and hot water can violate the task of a landlord to provide a habitable living environment,” says lawyer Chad D. Cummings, Cummings & Cummings in Florida and Texas .
“Whereas the correct legality depends on the facts and any provision of the lease of the application, such actions are usually contrary to the legal obligations of a landlord.”
Moreover, local construction codes and state statutes often mandate that the rental property is kept in a condition that meets the basic standard of health and safety.
“Failure to meet these requirements may be subject to a owner of the legal responsibility and claims of the tenant for violating housing guarantee,” Cummings say.
Should what a tenant should do in this situation?
If you are closing from your thermostat, you should first check your rent to see that there are any language in relation to the terms of heat control.
Then document all cases where heat and hot water were inappropriate by saving correspondence, taking pictures and mentioning the dates and time of incidents.
“Next, the lessee must notify the owner in writing, clearly detailing the issues and seeking rapid corrective action while citing relevant residential standards,” advises Cummings.
“Be sure to accurately match the specific notification requirements identified in the rent.”
For example, if the landlord requests that the notice be sent to your certified mail to a specific address, you must follow those correct instructions.
“It is important that the writing notice is as special as possible and culminated in a concrete question for a particular resolution. Don’t let the owner think, ”says Cummings.
“This is important to establish good confidence if the issue of the case in the future trial.”
If the problem continues without resolution, the cummings say: “The tenant may want to contact the implementation of the local code or consult an experienced attorney to the owner – the law of tenants to explore further means.”
The landlord’s illegal practices to see
As Reddit illustrates after illustrating, not all owners play according to the rules, and unfortunately when they may not accept their legal duties.
Here are some other illegal actions that owners can take, so you know when it’s time to act:
Rejection of repairs
Depending on the nature of the repair, it is generally illegal for an owner to refuse repairs that affect the apartment of a rental property, according to Cummings.
In most states, the implicit guarantee of residence forces owners to maintain essential services and repair conditions that may endanger the health and safety of tenants.
“Failure to repair the necessary repairs can cause legal claims, involve actions to keep rent or claim damage,” Cummings say.
The invasion of intimacy
Unauthorized entry into the tenant’s apartment is usually considered an invasion of intimacy and is illegal unless the landlord provides proper notice or has an emergency.
“Tenants have the right to enjoy the tranquility of their home, and violations of this right can result in legal responsibility for the owner,” Cummings says.
Increasing rent without the right process
Can the landlords raise rent only because they feel like it? It depends on the rental conditions.
In general, the increase in rent must adhere to the conditions set out in the rental I agree and respect any legal or local application requirements.
“Practices like unapproved rental increases, mismanagement of security deposits or imposing excess or early late tariffs are all potentially illegal,” says Cummings.
“Tenants must remain informed about the specific legal protections available in their jurisdiction and document any behavior that seems to contradict these standards.”
How to report a landlord’s illegal actions
Tenants may report illegal actions of the owner of the owners of local housing authorities, implementation agencies of the Code of Construction or Consumer Protection Offices, but the right agency may vary between jurisdictions.
“It is advisable for tenants to review local resources and guidelines, as reporting procedures and regulatory frameworks may vary according to the state,” Cummings says.
Happy what happens if you need to file a lawsuit?
If a lawsuit becomes necessary, you must compile all relevant documentation – including written communications, photographs, repair requirements and registrations of any related expenses – to support your request.
“Counseling with an attachment that specializes in the landlord – the tenant law is essential to assess the merits of the matter and to ensure that all procedural requirements have been met,” says Cummings.
“An experienced lawyer can lead the lessee through litigation and assist in pursuing the remedies of adaptation, such as damage or injective relief.”
What to do if you worry about revenge
Revenge by a tenant owner who has exercised their legal rights, such as submitting a property issue complaint, are often prohibited by state law.
“There are legal protection to ensure that tenants can report problems without feeling expulsion or other adverse consequences,” Cummings says.
“Tenants who experience revenge must document all incidents and seek legal advice.”
Remember: tenants have rights, and they should not be afraid to fight for them and protect them.
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Image Source : nypost.com