eewillison
02-09-2006, 11:06 AM
I am researching something about landlord/tenant laws in Ohio regarding providing of heat to an apartment.
I have never had this happen in my life and was unsure about the laws, so I moved in this apartment, but now question the legality. (I am a single mom and looked and at apartments till I was exhausted and this was the one I ended up choosing)
I looked at this two family home apartment, and a week later called the landlord to say I would put a deposit on it. Up to this point it was priced according to comparable apartments, and though I saw only one heating unit/water heater in the basement. This was not unusual, as the apartment I was in at the time was the same, with the upstairs apartment utility equipment housed elsewhere than the basement.
When I met the landlord and handed him the deposit, he then told me "oh by the way you pay your electric bill yourself, and then the 'house' bill when you pay rent". I never had this happen in my life so I questioned him, having little time to begin re-exploring for another apartment at that point. His exact words were "its not that bad because heat rises to the other apartment, and in the summer they have window units for air conditioning". A week later I called him, before signing a the lease and paying the first month's rent, and questioned him again, because this didn't seem right to me. The bill in in his name and he attaches it to my rent. I asked him what the usual monthly bill was. I said that I thought he should charge the other tenants partial bill as well. He tried to gloss it all over and told me the last tenant (which both apartments were occupied by boyfriend upstairs, girlfriend downstairs, so they shared the bills) kept their heat way up and the a/c way down and they were high bills, but his usual bill was about half of theirs. He said their bills were around $200-300 a month. I nearly fainted and was preparing to back out of the deal, but was afraid to lose my deposit to him as I had no more money for another apartment deposit. He said his bills were far lower if you are conservative with the thermostat.
After moving in, I am finding this place is poorly insulated and gets very cold. My November heat bill was $183 and I keep it in the 60's in here. The upstairs tenant came down to my door and asked me to turn up the heat because they were cold. I told the landlord and he told them to get space heaters. I keep a thermometer in my bedroom and it is typically around 62 degrees in there, but I cannot afford to make it any warmer this winter, after receiving the November bill from him.
Then I started researcing laws and found that if the landlord is breaking a law, the lease does not supercede that law breaking. The law shows this:
§ 5321.04. Obligations of landlord.
(6) Supply running water, reasonable amounts of hot water and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection;
He is not providing hot water or heat, I am paying to heat both my apartment and the upstairs apartment, both heat and hot water. I do not have a bill in my name by a direct public utility connection. I don't feel it is in my exclusive control since at least half the hot air generated goes up to the other apartment. The bill is in the landlord's name, not mine. The upstairs apartment is colder than the local health rules I looked up, that is for sure. I want this changed to prevent me carrying the load for the other apartment, which he advertised as 'heat paid' (after I moved in) and collects rent from them for the heat paid, which I pay. Is he breaking the landlord/tenant law, and what is my recourse here?
Thank you.
Linda Purdy
__________________________________________________ ______________
Is anybody able to reply to this with some knowledge of the law about the landlord providing heat unless they utility connection is under my exclusive control? Please reply. Please note that while the thermostat is in my apartment, the water heater is not, and I do not have exclusive control of it or the public lights that the other tenant uses in the hall and basement that are on this house meter. I don't feel that 'exclusive control' is mine either when the other tenant asks me to turn up the heat and then the landlord asks me what I have the thermostat set at, with close to half the heat being directly sent to the other apartment, which I cannot control.
I just want some reinforcement on the law before I compose a letter to my landlord asking for a change in my obligation to this 'house' utility bill, which is in the landlord's name with the utility company, not in my name.
Thank you,
Linda
__________________________________________________ _______________
Linda,
In Ohio, you are correct that Ohio Revised Code Section 5321.04 does require the landlord to provide reasonable amounts of heat to the apartment. But what that means is that the landlord must provide access to the heat, but can still force you to pay for it.
For instance, the landlord cannot rent a place to a tenant that does not have a heat source at all and no way to connect to one.
If the house is using as much in utilities as you say (perhaps due to poor insulation), you might wish to treat this as a failure to fix a defective condition at the apartment.
When a landlord won't fix something around the apartment, you can find your remedy in our FAQ section at http://www.ohiolandlordtenant.com/faq1.html
You might wish to tell the landlord that if he does not properly insulate the place or otherwise fix the heat problem, that you either want out of your lease or you will call the local code inspector to make sure that everything is up to code.
To learn more about your rights as a tenant in the state of Ohio, you may wish to go to the link at http://www.ohiolandlordtenant.com/book.html
__________________________________________________ _____________
Eric,
Thank you for your reply.
I want to consider one more part of the law that states that the connection to the utility be in my exclusive control. If the other tenant has equal control over some elements of this utility, yet is not paying for any of it, it is not in my exclusive control (ie: water heater settings, lights in public areas, garage door opener...all of which they turn on and off, or use and adjust as they have access too).
What about this part of the law? Any thoughts?
__________________________________________________ ______________
please tell me what this part of the law means,
"so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant"
I don't have exclusive control, it is partially controllable by the other tenant, and they use it too. I want to renegotiate that I only pay my fair portion of this utility. Does this statement give me something to work with by law?
I need an answer soon. Thanks
__________________________________________________ ________
Linda,
The relevant part of Ohio Revised Code Section 5321.04 requires the landlord to do certain things, and enumerates one of these things as follows:
[the landlord must] "Supply running water, reasonable amounts of hot water and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection;"
This means that the landlord must supply reasonable amounts of hot water and heat except when the hot water or heat is generated by an installation within the exclusive control of the the tenant.
Since the installation generating hot water and heat in your case is not within your exclusive control, then the landlord is required to provide you reasonable amounts of heat and hot water. If he is failing to do so, then he is in breach of the rental agreement and in breach of Ohio Revised Code Section 5321.04.
I have never had this happen in my life and was unsure about the laws, so I moved in this apartment, but now question the legality. (I am a single mom and looked and at apartments till I was exhausted and this was the one I ended up choosing)
I looked at this two family home apartment, and a week later called the landlord to say I would put a deposit on it. Up to this point it was priced according to comparable apartments, and though I saw only one heating unit/water heater in the basement. This was not unusual, as the apartment I was in at the time was the same, with the upstairs apartment utility equipment housed elsewhere than the basement.
When I met the landlord and handed him the deposit, he then told me "oh by the way you pay your electric bill yourself, and then the 'house' bill when you pay rent". I never had this happen in my life so I questioned him, having little time to begin re-exploring for another apartment at that point. His exact words were "its not that bad because heat rises to the other apartment, and in the summer they have window units for air conditioning". A week later I called him, before signing a the lease and paying the first month's rent, and questioned him again, because this didn't seem right to me. The bill in in his name and he attaches it to my rent. I asked him what the usual monthly bill was. I said that I thought he should charge the other tenants partial bill as well. He tried to gloss it all over and told me the last tenant (which both apartments were occupied by boyfriend upstairs, girlfriend downstairs, so they shared the bills) kept their heat way up and the a/c way down and they were high bills, but his usual bill was about half of theirs. He said their bills were around $200-300 a month. I nearly fainted and was preparing to back out of the deal, but was afraid to lose my deposit to him as I had no more money for another apartment deposit. He said his bills were far lower if you are conservative with the thermostat.
After moving in, I am finding this place is poorly insulated and gets very cold. My November heat bill was $183 and I keep it in the 60's in here. The upstairs tenant came down to my door and asked me to turn up the heat because they were cold. I told the landlord and he told them to get space heaters. I keep a thermometer in my bedroom and it is typically around 62 degrees in there, but I cannot afford to make it any warmer this winter, after receiving the November bill from him.
Then I started researcing laws and found that if the landlord is breaking a law, the lease does not supercede that law breaking. The law shows this:
§ 5321.04. Obligations of landlord.
(6) Supply running water, reasonable amounts of hot water and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection;
He is not providing hot water or heat, I am paying to heat both my apartment and the upstairs apartment, both heat and hot water. I do not have a bill in my name by a direct public utility connection. I don't feel it is in my exclusive control since at least half the hot air generated goes up to the other apartment. The bill is in the landlord's name, not mine. The upstairs apartment is colder than the local health rules I looked up, that is for sure. I want this changed to prevent me carrying the load for the other apartment, which he advertised as 'heat paid' (after I moved in) and collects rent from them for the heat paid, which I pay. Is he breaking the landlord/tenant law, and what is my recourse here?
Thank you.
Linda Purdy
__________________________________________________ ______________
Is anybody able to reply to this with some knowledge of the law about the landlord providing heat unless they utility connection is under my exclusive control? Please reply. Please note that while the thermostat is in my apartment, the water heater is not, and I do not have exclusive control of it or the public lights that the other tenant uses in the hall and basement that are on this house meter. I don't feel that 'exclusive control' is mine either when the other tenant asks me to turn up the heat and then the landlord asks me what I have the thermostat set at, with close to half the heat being directly sent to the other apartment, which I cannot control.
I just want some reinforcement on the law before I compose a letter to my landlord asking for a change in my obligation to this 'house' utility bill, which is in the landlord's name with the utility company, not in my name.
Thank you,
Linda
__________________________________________________ _______________
Linda,
In Ohio, you are correct that Ohio Revised Code Section 5321.04 does require the landlord to provide reasonable amounts of heat to the apartment. But what that means is that the landlord must provide access to the heat, but can still force you to pay for it.
For instance, the landlord cannot rent a place to a tenant that does not have a heat source at all and no way to connect to one.
If the house is using as much in utilities as you say (perhaps due to poor insulation), you might wish to treat this as a failure to fix a defective condition at the apartment.
When a landlord won't fix something around the apartment, you can find your remedy in our FAQ section at http://www.ohiolandlordtenant.com/faq1.html
You might wish to tell the landlord that if he does not properly insulate the place or otherwise fix the heat problem, that you either want out of your lease or you will call the local code inspector to make sure that everything is up to code.
To learn more about your rights as a tenant in the state of Ohio, you may wish to go to the link at http://www.ohiolandlordtenant.com/book.html
__________________________________________________ _____________
Eric,
Thank you for your reply.
I want to consider one more part of the law that states that the connection to the utility be in my exclusive control. If the other tenant has equal control over some elements of this utility, yet is not paying for any of it, it is not in my exclusive control (ie: water heater settings, lights in public areas, garage door opener...all of which they turn on and off, or use and adjust as they have access too).
What about this part of the law? Any thoughts?
__________________________________________________ ______________
please tell me what this part of the law means,
"so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant"
I don't have exclusive control, it is partially controllable by the other tenant, and they use it too. I want to renegotiate that I only pay my fair portion of this utility. Does this statement give me something to work with by law?
I need an answer soon. Thanks
__________________________________________________ ________
Linda,
The relevant part of Ohio Revised Code Section 5321.04 requires the landlord to do certain things, and enumerates one of these things as follows:
[the landlord must] "Supply running water, reasonable amounts of hot water and reasonable heat at all times, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection;"
This means that the landlord must supply reasonable amounts of hot water and heat except when the hot water or heat is generated by an installation within the exclusive control of the the tenant.
Since the installation generating hot water and heat in your case is not within your exclusive control, then the landlord is required to provide you reasonable amounts of heat and hot water. If he is failing to do so, then he is in breach of the rental agreement and in breach of Ohio Revised Code Section 5321.04.