No gas - Landlord Forum thread 326474

No gas by sheltered1 (Arizona) on October 31, 2014 @01:05

My tenant reported to me that there is a gas leak. A gas line and the meter need to be replaced and relocated. The gas company says that it could take from 4 days to 3 weeks to get the job done, during which time my tenant would not have any hot water or a working dryer. I have offered to do a rent reduction and I'm wondering what would be fair compensation to her for the inconvenience. Thanks for your help.

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Re: No gas by Anonymous on October 31, 2014 @04:00	[ Reply ]

Fair compensation is no rent while the repair is taking place. Either that or you pay for a hotel(while they pay for rent), but that is more expensive for you.

Re: No gas by Anonymous on October 31, 2014 @06:33	[ Reply ]

I think a hotel may be your only option. No heat or hot water is a habitability issue...the rental is uninhabitable without them and the tenants should not stay there. You should not charge them rent for the period of the repair AND you should foot the bill for the hotel. This is not the tenant's fault and they should not be penalized in any way.

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Re: No gas by Anonymous on October 31, 2014 @08:00	[ Reply ]

you should be your tenant servant, because you have to make them feel happy every second.

Re: No gas by Garry (Iowa) on October 31, 2014 @09:19	[ Reply ]

You did not mention whether cooking (gas stove) or heating (gas furnace) would be affected. Assuming those are affected , too, you should not charge them any rent for 1 full month. I say it that way, because it sounds as though it happened about 1 week ago. Deduct rent on a weekly basis----1 week in Oct. and 3 weeks in Nov., or until the problem is fixed. Most states already address this type of situation in their LL/T laws. You do not have to pay their hotel bill, if you don't charge them rent. The T is supposed to take your "rent" that they didn't pay you, and apply it towards a hotel bill. Also, don't automatically assume they will stay in a hotel. They could choose to stay with family or friends, who may let them stay for free.

Re: No gas by Bill on October 31, 2014 @10:57	[ Reply ]

Your place is not habitable. There is no guarantee the job will be completed in three weeks or less. No hot water and no clothes dryer will grow old after about 24 hours. Offer your tenants the option of moving out without penalty and a full deposit refund. There is not going to be a cheap, easy way out of this.

Re: No gas by Micah on October 31, 2014 @12:32	[ Reply ]

Consult your insurance agent too. Some policies will cover the temporary relocation of the tenant for instances like this.

Re: No gas by Anonymous on October 31, 2014 @13:09	[ Reply ]

You have to call the gas company and find out if the leak is in the line from the street to the house. If so, you don't have to pay. If the meter is a problem the gas company pays for that. The owner is responsible from everything after the meter to the house. I just went through this at my own house. I had to pay because the leak was on my side of the meter. If it is on the gas company's side, it is their tough luck.

Re: No gas by sheltered1 (Arizona) on October 31, 2014 @13:17	[ Reply ]

Thanks everyone for your input! The gas leak was reported to me yesterday and the gas company was notified immediately. They came to shut off the gas right away. The heat to the home is fueled by gas. The cooking range is electric. It sounds to me like fair compensation would be no rent for the days without gas. They could then use this to stay in a hotel if they'd like. I think I'll also offer them freedom to break the lease and move out early. They would probably appreciate that offer as much as not having to pay rent, as they have been saddled with high electricity bills this summer because of the air conditioner having to run all the time (they live in Tucson, so it does get super hot). Now they're going to have to deal with the pool getting replastered. And for sure I'll check with my insurance to see if they can cover any of the expenses related to tenants having no gas. Thanks again!

Re: No gas by MrDan (Georgia) on October 31, 2014 @13:42	[ Reply ]

Arizona Revised Statutes Section 33-1324 requires landlords to maintain in good, safe working order and condition electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances supplied or required to be supplied by him. Another provision of the Landlord/Tenant Act, A.R.S. Section 33-1361, allows a tenant to terminate the rental agreement if there is what the statute calls "material noncompliance" by the landlord with the agreement. 'Wrongful Failure to Supply Heat, Air Conditioning, Cooling, Water, Hot Water or Essential Services' Allows the tenant to procure reasonable substitute housing, in which case the tenants are excused from paying rent until the problem is remedied. If the cost of the substitute housing exceeds your rent, the tenant may recover the difference, up to 25%. above the amount the periodic rent. There are other remedies the tenant can also pursue under the State Law.

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Re: No gas by Anonymous on October 31, 2014 @14:09	[ Reply ]

Thanks everyone for your input! The gas leak was reported to me yesterday and the gas company was notified immediately. They came to shut off the gas right away. The heat to the home is fueled by gas. The cooking range is electric. It sounds to me like fair compensation would be no rent for the days without gas. They could then use this to stay in a hotel if they'd like. I think I'll also offer them freedom to break the lease and move out early. They would probably appreciate that offer as much as not having to pay rent, as they have been saddled with high electricity bills this summer because of the air conditioner having to run all the time (they live in Tucson, so it does get super hot). Now they're going to have to deal with the pool getting replastered. And for sure I'll check with my insurance to see if they can cover any of the expenses related to tenants having no gas. Thanks again!

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Re: No gas by Anonymous on October 31, 2014 @23:41	[ Reply ]

I didn't see an answer whether the problem is your obligation to fix or the gas company's obligation to fix.

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Re: No gas by Jake (Ny) on November 1, 2014 @21:51	[ Reply ]

As far as fixing the property being habitable..Couldn't you change water heater to electric (for few days) and provide electric heaters. That would fix it in less than one day.

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