Is the landlord legally responsible?

The gas stove in our apartment has been leaking. A technician from Enbridge inspected it and had to turn it off. So we cant use the stove at all until it gets fixed. My landlord hasnt called me back and its been a few days. If I take the initiative and call someone to get it fixed I will pay for it out of my own pocket. My question is , is the landlord legally required to give me my money back for getting someone to fix it myself?

Answers:
Here's an article that may help you. Nolo writes books on renters' rights. Go to:

http://www.nolo.com/article.cfm/objectid...

Here's a piece of it (I believe a gas leak in your stove is actually considered a major problem). I personally would look in the phonebook to see who in your city or county enforces the housing laws and ask someone if this violates any local or state codes and go from there :

"Landlords Must Fix Major Problems

Your landlord is responsible for keeping your unit in a habitable, or livable, condition. The landlord must keep the structure of the building sound, including stairways, floors, and roofs; keep electrical, heating, and plumbing systems operating safely; supply hot and cold water in reasonable amounts; and exterminate infestations of pests such as cockroaches.
...

If you're not sure whether your landlord is legally required to make a repair, check to see if your specific complaint is addressed by:

- the terms of your lease
- any oral or written promises your landlord has made
- state and local building codes, or
- state landlord-tenant laws.

How to Get Your Landlord to Make Minor Repairs:

It's often harder to enforce your rights to minor repairs than major ones. Tenants in an uninhabitable dwelling are often allowed by law to withhold rent or use "repair and deduct" procedures, but taking those actions for merely minor problems could get you evicted. There are, however, a number of proven strategies for getting landlords to take care of minor problems.

1. Write a repair request. Even if you've already asked your landlord to take care of a problem, a written request is almost always helpful. It gives you a chance to articulate the problem clearly and point out why it's in the landlord's best interest to have it fixed. A letter also allows a reluctant landlord to think it over without having to give you an immediate answer (which often results in a knee-jerk "no").

Try to develop a number of themes in your letter. One effective tactic is to explain that the problem might become worse -- and more costly to the landlord -- if it's not taken care of right away. A landlord might find it easy to ignore your drippy faucet until you point out the possibility of an overflowing sink and water damage to the floors.

Another theme that will grab your landlord's attention is the potential for injury. A hole in the stairway carpeting could cause someone to trip and fall, making the landlord liable for the injury. Landlords are also sensitive to security issues, so be sure to point out any security risks created by your problem, such as a broken lock or faulty hallway light. Finally, if the problem affects other tenants, be sure to emphasize that.

2. Propose mediation.

If your oral and written requests are ignored, contact a mediation service, which will invite the landlord to meet with you and a trained mediator. The mediator will help the two of you reach a mutually-acceptable solution, but will not (unlike a judge) impose a solution. Many communities offer free or low-cost mediation services as an alternative to going to court. For more information, see the Mediation section of Nolo's website.

3. Report your landlord to your local building or housing agency.

Some minor problems may violate local building or housing codes. Call the agency that enforces these codes in your area to find out. (Look under the city or county government listings of your phone book.) Officials at the agency should be able to explain whether your problem violates local or state codes, and may be able to take action against your landlord.

*** Keep in mind that reporting your landlord won't likely improve your relationship, which may be important to you if you want to stay in your unit for some time. Even state "antiretaliation" laws, which prohibit rent hikes, terminations, or other adverse actions following a tenant's complaint to a government agency or exercise of a legal right, cannot forestall a sour relationship.

4. Sue your landlord in small claims court.

If you can prove in court that the unaddressed problems decrease the value of your unit, a judge can award you the difference between what you've been paying in rent and the amount the unit is actually worth. Obviously, suing your landlord is not your best option if you want to salvage your landlord-tenant relationship. But if you've tried everything else and moving elsewhere is not feasible, taking your landlord to court might be the right remedy. For more information, see the Small Claims Court section of Nolo's website."

Good luck!!
Would depend on the terms of your lease.
IF THE STOVE IS INCLUDED IN YOUR RENTAL AGREEMENT AND YOU GIVE HIM WRITTEN NOTICE OF YOUR INTENT YOU CAN MAKE THE REPAIR AND WITHOLD THE COST FROM YOUR NEXT RENT PAYMENT.
See your lease agreement. I'm a landlord and I let tenants make minor repairs on my behalf and deduct the cost from the rent. Pre-approval is required of course . . . However, since a leaking gas stove is potentially deadly and your landlord is not returning your call . . . you may be leasing from an as$ hole.
You will have to investigate your state's laws for all the details. But yes, your landlord is required to have it fixed. If you choose to have it fixed yourself he may not be required to pay you back. Make sure you find out before you right the check. I hope you get this resolved soon.
No...if you get someone to fix it yourself without the landlord agreeing to it, he is more than likely not going to be responsible for it.
i believe the owner of the property is responsible for all maitainance, and has to in sure its a safe inviroment, read your lease, see if there is any fine print, get a lawyer
The only way you are responsible for fixing the stove is if it is YOUR stove. If the stove was there when you moved in it is the landlords responsibility to fix it. Call him again and tell him if he does not fix it you will put your rent in escrow. You can arange the escrow account with any bank.
Yes. You should just have the person come and fix the issue then provide you with a receipt. When you pay your next months rent deduct the amount that you paid out and send the receipt in with your reduced rent check. You have the right to fix problems (that effect your usage of the rental under the agreed upon terms) if the landlord does nothing with in a reasonable amount of time. He hasn't returned your calls over several days so leave a message saying that you will be contacting someone to handle the repair if you don't hear from him by the end of business day tomorrow (he can at least let you know he's working on the issue) and that he can either pay the bill himself or you can deduct it from your next months rent. Good luck.


The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:


More Law Questions and Answers: