Legal Question in Real Estate Law in New Jersey
Heating repairs for house rental
The oil burner on the house I have been renting (currently month to month) needs repair. The reset button keeps tripping rendering the house without heat. It will not stay on longer than 2 hours. I've contacted the landlord who claims I am responsible for the costs of normal maintanence items such as this. She has yet to return my call, knowing full well I am without adequate heat during a cold winter. What are my remedies? And, how might this effect my right to continue renting being no lease was ever offered after the first year?
2 Answers from Attorneys
Re: Heating repairs for house rental
If you had a lease the first year, the terms of that lease still control even if it was not extended. Read the lease about maintenance. If you are not responsible for the repair, you can send her a note that you will be repairing it and deducting it from the rent. You should repair it immediately because of the cold weather and then send her the notice and the bill. If she then doesn't pay it, deduct it. The worst that can happen is she files a complaint with the court and you tell your story to the judge.
Re: Heating repairs for house rental
I agree with Bernard that the allocation of responsibility for repairs and maintenance, if set forth in the original Lease, control. If the responsibility for minor repairs and maintenance are on you under the Lease document, this is your responsibility, as this would be considered a minor repair. In any event, you should attend to the problem to avoid some major problem or damage (which could create a greater exposure to you as tenant, especially if pipes freeze and water damage occurs), and then follow the suggestions of Bernard unless the Lease is clear that it is your responsibility.