Legal Question in Real Estate Law in Utah

Why Pay Rent When Ice Cicles are Forming on the Ceiling?

My husband and I were served a summons and complaint to vacate our rental home because we refused to pay December's rent. Our furnace was breaking for several months and the landlord was aware of the problem. Finally in Dec. it broke for over 3 weeks. Ice Cicles were on the ceiling! What do we do now? I will pay any money I really owe, but what about the heaters we had to buy and all the misery we endured?

Thank You

D.J.


Asked on 3/11/00, 11:51 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Why Pay Rent When Ice Cicles are Forming on the Ceiling?

Offer the landlord the rent you owe. Then file a countersuit against the landlord for the cost of the heaters and for additional damages for the period of time for which the furnace was not working. Be prepared with some independent evidence that the landlord knew about the defective furnace (other tenants, copies of letters or notes to the landlord, etc.)

You are required to pay your rent. However, you are alse entitled to a habitable apartment, which includes an operational furnace. You should be awarded the cost of the heaters and the cost of the electricity, and something to compensate you for his indifference while you had no heat. If the landlord pays or gives you credit for the heaters, they will belong to him and you should give them to him.

Call me if you have any more questions.

Alvin Lundgren

(801) 876-4422

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Answered on 3/22/00, 11:20 pm


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