When can I fix it myself and deduct the cost from my rent – no heat in home since March?
We notified the property management company 3 times stating that the glow bar is not working on the heater. When we first moved in and the gas company came out to turn on the gas that’s when we were told the glow bar was not working. This was in March of this year. On our first quarterly inspection in June we told the inspector. In October we told him again when he came out for the second inspection. Now a few weeks ago I sent an email maintenance request. They did call and leave a message stating that they called the gas company and they had no idea what a glow bar was. My husband called and left a message stating that all gas appliances have glow bars and that the person from Southwest Gas must have misunderstood. We have not had a call back and that was from Monday of this week. We have no heat in our home and now I can see a storm coming in and it’s a bit cold. Did I mention that I also have 4 children 5-10? What can I do? Technically I have only 1 written request and the other 2 were from the inspector and I have no receipt of those. I live in the Phoenix area in AZ. Can I call out a repair person and deduct the repair cost from next months rent?
Even if they don’t know what a glow bar is (I don’t either), I still told them that the glow bar in the heater was not working and it prevented us from heating the home. This is enough information for them to at least know that the problem is with whatever appliance heats the home, not water or clothes dryer.
I just looked and it is a furnace.
Tagged with: clothes dryer • furnace • gas appliances • glow bar • maintenance request • message stating that • phoenix area • property management company • receipt • repair person • southwest gas
Filed under: Properties
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when you say glow bar, your furnace must not have a pilot light and uses an electronic ignition. when the furnace calls for heat, a small element heats up and glows red. this ignites the gas to the main burner. if it is a high efficiency furnace, a small blower fan will come on first to clear the combustion chamber of any unburned gas to avoid a possible explosion. most leases will not allow a tenant to repair something and just deduct the repairs off the rent. either contact the management comapny again in writing, send a registered letter return reciept required, and hand deliver a copy. if nothing gets resolved, contact the city housing authority that handles rental properties.
Deliver a written demand ASAP. Check your state’s Landlord/Tenant Act to see when you can go ahead with repairs if it has not been corrected. In colder climates it is 48 hrs. but in Phoenix it may be longer.
It’s unfortunate that you didn’t stay on top of this and get it repaired before the temperatures dropped, but that is human nature. Do keep on it now.
You might not ever be able to write it off:
Do this in in this order:
Send a certified letter (receipt requested) to the gas company- and the Property Management company -outlining what has been done and not done, including the time frame and the hardship it has imposed on your family.
Be sure to include the Certified number at the bottom of your letter to them.
Give them 10 business days to contact you and resolve the issue or you will:
#1. file a complaint with the Better Business Bureau (SW Gas is a member of the BBB) I do not know the name of the property mgmt. company, but they may or may not be. A company does not have to be a member to file a complaint.
#2. Relate the story to local news media
Hope this helps
.
a; I am in PHX, AZ.
b; I am a real estate broker, specializing in landlord-tenant actions-law.
c; I have never heard of a glow bar–when our gas man with the utility comes out, he
cleans everything inside, makes sure the INCOMING PILOT light is on and then
makes sure each burner light is on. that is for the stove. I do not understand why
your wall thermostat does not control the heat /cold ‘mechanics" at your AC/heater.
d; if the heater has not worked for 30 days…..you have to pay the technician to make it work correctly.
you may then give a copy of the paid receipt to the landlord and subtract that amount from
Dec’s rent–you could have done this months ago.
it appears that if the glow bar was not working……..and if the utility firm could not
make it work, your LL had a few days thereafter to hire a repair firm to replace that
component and if the bar is not available, the LL must replace the unit where the glow
bar does not work.
we have a gas water heater.
so, Monday, inform the LL that you can buy what is needed to make things work
or he can but if you buy it, he must reimburse you immediately or it will come out
of his rent payments.
i can see why things are confusing……..
heat/ac,
water heater
stove
3 dif components; maybe he –LL–is confused.
Whatever you do, do not make any deductions when you pay your rent. This could be cause for eviction and loss of your deposit.
No matter what issues you may have with your landlord, it is important to keep paying your rent on time directly to the landlord (no escrow accounts or third parties.)
Since you live in a fairly warm climate and summer recently ended, the landlord was probably in no hurry to fix the heat. Now that it is getting colder you need to become more persistant. You need written proof that you sent him complaints. Send another saying that if it is not fixed with 2 weeks you will hire someone else and deduct that money from the rent. That will probably speed the landlord along if he knows he will lose money. Remember that there are certain standards for ‘unlivable conditions’. I’d say if the house is colder than 50 degrees that would count and you could possibly charge the landlord for a hotel stay.
Well, that "glow bar" thing puzzles me also, as I’ve never heard of it. Now if you are paying the utility company for your "gas" then you have the right to have them come out and inspect and recommend repairs if the appliance is non-functioning. You then contact the LL, and tell him what the Gas Company Representative said, and you’ll have piece of paper with an estimate on it – and you ask the LL, how does he want to handle this. If you pay, you’ll deduct the cost from your next months rental – if he wants to pay, or hire is own contractor then you can give 48 hours to have it done, or you’ll be calling the HEALTH DEPT. and your local Governmental Tenant/landlord representative.