[Renting] Am I able to repair and deduct in this situation?

Submitted by coolgal212 t3_10w590o in Pennsylvania

I moved into a new apartment last month and have had nothing but issues with getting the appliances inside the unit to work. Upon moving in I found that the stove wasn’t turning on, the washer/dryer was shaking violently when in use and the washer was not draining water properly (piles of water were sitting in the washer), + the furnace needs repairs.

I contacted maintenance numerous times and they kept coming out but not actually fixing the issues. They did eventually fix the washer/dryer and the stove. However, the management company said they have no intentions of fixing the furnace. The furnace makes a loud buzzing noise that goes off every half hour for a couple of minutes. The heat also doesn’t seem to be reaching the back bedrooms. I contacted an HVAC professional who believes that the inducer motor on the furnace is broken.

I also contacted a lawyer and he told me that I would be able to repair and deduct for the furnace. I’m a bit hesitant to do this as I read online that you can only repair and deduct in certain circumstances. Would this be classified as a “serious repair”? The lawyer told me to give my landlord a deadline to complete the repairs and it repairs aren’t made by that date then I can have someone come out myself.

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angry_smurf t1_j7l5nf7 wrote

I would trust a local lawyer over anyone on here 100%.

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Travis123083 t1_j7lbyvs wrote

It's the landlord's responsibility to maintain and repair the property. As for the appliances, if it's in your lease that they're included, they have to fix/replace them. I wouldn't do any repairs. I own a few properties and have 2 tenants. I have all this included in our signed and notarized lease documents.

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CharacterBrief9121 t1_j7lgsar wrote

I wouldn’t exactly classify a furnace as an appliance in the same fashion as a stove or fridge. You can live without either of those but a furnace means the difference between life and death in the winter.

In PA critical repairs must occur within 24 hrs of notifying property management/landlord. Heating is considered critical so it doesn’t matter what the lease says about it.

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coolgal212 OP t1_j7li676 wrote

That’s what the lawyer said - but our furnace is still heating up the unit, just not as well as it should + the inducer motor is broken. Does this change anything bc we still technically have heat? I just pulled up my original service request and saw that they put a note “there is nothing to be done to the heater at this time”. Obviously they just don’t want to fix it.

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CharacterBrief9121 t1_j7ljgll wrote

You said it yourself, it’s not working properly. These landlords will tell you to turn on the oven and leave the door open for heat while they’re comfortable at home taking your money. If they’re hurting because you need a repair they need to reevaluate their life choices and probably pick up a second jobs

For real though. It’s not working right then it’s broken. You aren’t getting full heat therefore the furnace isn’t working correctly and if the furnace is not working correctly then it is in fact not working, regardless at what capacity if it is fully working it isn’t fully working.

I don’t doubt there will be a minor disagreement when it’s all said and done but you have the law on your side. You’re paying the repair yourself, the same way as if the landlord would have paid it.

NOW saying that I almost guarantee you that the landlord will hit you some bs like “I could have gotten it done cheaper I won’t accept that.” Tell him to get bent and he should have taken care of it when you first said something. At this point get a lawyer. The cost for the lawyer will be repaid if this gets dragged out. If it does drag out withhold rent in a escrow account at your bank/credit union. Nothing will hurt more than “nonpayment” don’t let them fool you though the escrow hold is more than legal. Don’t sign anything from the landlord from the repair point on without a lawyer.

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Pink_Slyvie t1_j7n0b62 wrote

This has really had me thinking lately.

We need caps on rent, but we also need to require utilities to be included, and not cost too much. This would incentivize landlords to not take the cheapest option.

My place has terrible insulation for example, but why would he fix it, it costs him nothing.

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MYOB3 t1_j7ljkdc wrote

It may be limping along, but your heating bill is going to be WAY higher than it should be if the furnace were functioning properly! I would repair and deduct. If he objects, tell him that you will see him in court. No judge will side with a landlord refusing to keep a furnace in good working order!

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Travis123083 t1_j7lrq32 wrote

I just meant that I have it in my legal documents that I will maintain and repair/replace all appliances. And if I am unable to do so on a timely manner, you can break your lease with a full refund of the security deposit and that month's rent.

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CharacterBrief9121 t1_j7lw8tb wrote

Why would a tenant funded repair require breaking the lease? I’d assume my landlord would be in bad faith acting like that.

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Travis123083 t1_j7maidb wrote

Apparently, you didn't read what I wrote. I have this in my lease documents. I can't vouch for other landlords. I try to be fair.

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coolgal212 OP t1_j7lf3i6 wrote

So what would my next step be since they are refusing to make repairs to the furnace? I could submit another maintenance request but I doubt they will do anything. The only 2 things I can find in my lease that mentions repairs are 1) if I damage any appliance I am responsible for repairs (I didn’t damage the furnace, it was already damaged upon move in) and 2) The manager office is responsible for normal maintenance in your apartment.

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CharacterBrief9121 t1_j7lh5hs wrote

Make the repair, save all related invoices/receipts/quotes everything related to the repair. Call codes while doing this, they’re going to want to know before any repairs. Then make copies of all relevant paperwork and when you pay rent next provide rent payment minus any cost related to fixing the furnace. Furnish the copies of the repair work. Tell them if the don’t want the rent payment you will hold it and get a lawyer.

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Travis123083 t1_j7lq1my wrote

If they don't fix it, you have legal grounds to break your lease as a furnace is to be provided and functioning.

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CharacterBrief9121 t1_j7lwjmt wrote

Lease breaking not required. This is landlord scare tactics. It’s what happens when they get scared start telling lies and hope they don’t get caught.

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Travis123083 t1_j7lqbzc wrote

I'd just break the lease. Have them pay for inconveniences and use an electric heater and have then pay the bill. I fix or service anything as soon as it's reported.

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CharacterBrief9121 t1_j7lwe3b wrote

If they pay electric then the tenant would be saddled with the bill. Spreading that landlord bullshit.

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Travis123083 t1_j7ma03w wrote

Not if they needed heat. And I'm not spreading any landlord bullshit thank you. I've had the same tenants for 13 years.

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[deleted] t1_j7lrso1 wrote

[deleted]

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coolgal212 OP t1_j7lspxf wrote

I just moved in literally last month and the lease is for a year 😩 I’m debating on putting one final maintenance request in and giving the landlord a deadline to complete. If he doesn’t complete it by that time I was going to get an HVAC professional to come out and repair it. I just don’t want to end up being responsible for the $500 it’s going to cost to repair. And I agree - it makes no sense to wait to repair it as the longer they wait the more it’s going to cost. I’m just not sure what my next move should be.

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