Q: The heater stopped working in my rental house. The landlord says they have three weeks by law to fix. Is this correct?
House is approx 1700 sq ft. Only other heat source is an old gas fireplace in living room with no fan. It heats only the room it is in. Isn't there a habitability law in OR?
A: No, there is no fixed time frame for a landlord to fix. They are obligated to fix - period. The only question is how long do they have before the tenant is entitled to either pay reduced rent or, in extreme cases, be relocated at the landlord expense until repairs are completed. In the end, how long until a reduction in rent is appropriate (and how much of a reduction in rent) is whatever the the landlord and tenant agree is appropriate, or what a Judge/Jury say is appropriate. No heat in January needs to be fixed much sooner, or even justifies moving out at the landlord's expense, than no heat in August does. Some also depends upon the circumstances - if the landlord immediately addresses the issue but has to wait 2 weeks for new parts to arrive, there is little they can do. Of course the landlord can also provide portable heaters or other means of temporarily solving the problem until a permanent fix can be accomplished and arguably they have a duty to do so. All in all, if you have a problem, review it with a local landlord tenant attorney to learn your rights in your specific case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
