Re: Landlord/Tenant Trial Next Week - Landlord Forum thread 330280

Re: Landlord/Tenant Trial Next Week by Nicole (PA) on January 25, 2015 @15:06

I'd say you're on shaky ground, depending what your time frames actually were.

You say the heating company was there every day before they needed to replace the entire boiler. Does that mean first no heat day until new boiler working was 9 days? Or was it 9 days from the time they needed to replace the entire thing? Years ago, I also had one crack and it was replaced in 24 hours ... perhaps luck of the draw that they were able to get there so quickly. My building was also a HUGE 150ish year old building ... I feel your pain.

COMPLETELY irrelevant that the other tenants didn't take you up on your offer.

Personally, I would have forgiven the rent for the entire month for everyone if it took 9 days during a cold snap with no heat. Your saving grace may be that you offered hotel rooms.

when did you give the notice to quit? how close to the move out date was the furnace actually working?

If you fooled around (doesn't matter if it was your fault, someone else's fault or no one's fault) for several weeks, I don't blame them for moving out. Not sure how long they are "required" to wait for you to fix something huge like the heating system ... you say you're fixing it but every evening they come home and it's still cold ... after a few days they are going to disbelieve you ... no matter if you are on top of it or not.

also, I think you are REALLY pushing it if you think the judge will rule in your favor on your claim because they failed to give notice in writing of the nonworking boiler.

[ Reply ] [ Return to forum ]

Re: Landlord/Tenant Trial Next Week by Wilford (FL) on January 25, 2015 @18:56	[ Reply ]

"COMPLETELY irrelevant that the other tenants didn't take you up on your offer." No it's not.

Re: Landlord/Tenant Trial Next Week by Anonymous (CO) on January 26, 2015 @08:08	[ Reply ]

Thanks for the advice. The heating company has been called as a witness. They'll be testifying. I can't prove that the boiler failure was their fault. After all, the onld one was probably near 100 years old...

Re: Landlord/Tenant Trial Next Week by Anonymous (CO) on January 26, 2015 @08:10	[ Reply ]

You missed what I said. I predicted that I would lose. I should mention that I did agree to refund 2 week's rent in November. But they quit with no notice and owe me December's rent.

Re: Landlord/Tenant Trial Next Week by Carla on January 26, 2015 @17:19	[ Reply ]

But you said you did give them a notice to quit when you found out they were looking to move November 20th (I then get a call from a landlord asking about a reference for the tenant who took me up on the hotel room. I didn't know they were moving out. I didn't like her or her roommate, so I gave them a notice to quit ) You cannot have it both ways! Either you gave a "Notice to Quit" and the tenants moved or they moved without notice. They will no doubt present the "Notice to Quit" in court!