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keeping windows open in freezing temperature - Landlord Forum thread 333989

keeping windows open in freezing temperature by Anonymous (NJ) on April 22, 2015 @16:06

                              
I, LL pay for heat. I have not written in lease to keep windows closed in freezing temperature. I have no vents(Radiator heat). Tenant complained that she smells cigarette at II floor (only one apt on II floor). 1st floor lady said she is using E cigarette. In (-3) temperature, she kept all 7-8 windows full open. Washer/dryer was near window what broke.She did not let us in to repair so I entered with help of police. She changed locks after that. Now she has emptied but my attorney says if I deduct repair cost from deposit, she may sue to me. What do i do? No one writes in lease to shut water after bathing..common sense.
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Re: keeping windows open in freezing temperature by Anonymous on April 22, 2015 @16:29 [ Reply ]
do what your attorney advises, why would you do different and risk getting sued? E cigarette are dangerous, you should ban them from your rentals.
Re: keeping windows open in freezing temperature by Anonymous on April 22, 2015 @16:56 [ Reply ]
Anyone can sue anyone for anything. I would charge the tenant for the damage her negligence caused and if she sued me, I would win and let her pay my court costs, too!

Dump your attorney; he obviously doesn't know what he's talking about.
Re: keeping windows open in freezing temperature by Anonymous on April 22, 2015 @19:58 [ Reply ]
troll?
Re: keeping windows open in freezing temperature by Bob Barker (NJ) on April 23, 2015 @14:11 [ Reply ]
You have a poorly written lease. I would rewrite the lease for the next Tenant, placing a cap on heating cost per month and make the Tenant responsible for anything above that. Use can use a previous years monthly average.

Second, I make all my tenants responsible for basic maintenance other than a large system (ie water heater failure). That way I don't get a call for a dripping faucet or burn out light.

I also ad a clause that allows me to enter the unit within 24 hrs of posting a notice on their door for health and safety inspections.

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