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Yup there's still no heat in my apt. It was warm enough yesterday that with my land lords running their heat high that I though ours was fixed.

Then the middle of the night came.... brrrrrr :-(

Now my back is all sore from restless sleeping, and I have a sinus headache.

I know the landlords are doing what they can and I want to stay on good terms with them, but I don't know what I'm gonna do.

Date: 2001-02-28 09:55 am (UTC)
From: (Anonymous)
aw, jeez, this is taking far too long! You can't go on like this. Can't you stay with your parents for a few? They live in your town. Anyone else? Heck, insist on bunking with your landlords and see if that doesn't inspire them to speed this along pdq!

You can always stay with me, and I would of course invite A as well, but I don't think she would survive my cats. Worse comes to worst you stay with me and A stays with a friend who's fur-less for a day or two. :-P It can't take much longer at this point! Can it? :-<

Sending a warm hug. No, make that a hot one.

B

Date: 2001-02-28 10:06 am (UTC)
From: [identity profile] dionysia.livejournal.com
it doesn't really matter that your landlords are 'doing what they can'...

by law they are required to provide heat.

Some info from how to be a tenant

Rent Withholding: You have the right to stop paying rent if conditions are not being corrected and you meet all of the following requirements:
- The conditions are serious enough to endanger or materially impair your health or safety;
- You can show that your landlord knew of the conditions before you were in arrears in rent. Since your landlord may lie about what you reported orally, this usually means that you must be able to show a copy of written complaint from you or a notice from the local code enforcement agency before you began withholding rent. The law presumes that the landlord knew of conditions which have existed since you first moved in. But if you have lived in the apartment for several years and you can't show that you've complained about the condition in that time, you may have trouble getting the benefit of this rule.
- The violations were not caused by you or by anyone acting under your control;
- The violations can be repaired while you continue to live in the apartment. Lead paint is an exception to this rule. The landlord is required to provide you with alternate housing while your apartment is being deleaded.

If you decide to use this remedy, you should consult with an attorney to make sure that you have followed all the correct procedures. If you have done so, you cannot be evicted, but you may be required to pay back some of the withheld rent. While the law does not require it, it is very important to put aside all withheld rent in a separate account and keep it there until the dispute has been resolved. When rent-withholding disputes get to court, landlords usually emphasize the non-payment of rent and try to make the tenant look like a deadbeat. It is important to the credibility of your case for you to show that you have all the rent money put aside. Legislation which would require tenants to put withheld rent in escrow is pending as of this writing.


so i'd recommend either:
- withholding rent until the heat is fixed
- going to stay in a hotel and deducting that cost from next month's rent.

di

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