My Landlord had a furnace installed without a permit, we had gas leak...etc. Can I Get Out Of My Lease?? (Denver: rental market, lawyers)

[tonimaloney]

I never saw a permit for this project, and now we are having a lot of issues, health wise. We recently had a new heater installed (set up by our landlord)and the guy who installed it was a very vague with anything he told us... since the very night it was installed, my family has had a severe cough, nausea, sickness, etc. My three children, all 3 and under have been diagnosed with bacterial pneumonia and it's not getting better. We had a family member who builds houses come and look at it and said there was no filter (which there wasn't) and that there was also no outside air intake. We contacted the landlord (who's been out of town) and he had the guy who installed it come back and inspect everything. he put a filter in, (the wrong size, so he just cut it with some scissors) and left. So I called Xcel Energy the next day to see if they can come out and inspect the new unit since we've all been really sick and not getting better. The Xcel guy came, did a visual inspection and left. He said everything was fine. But... we smell gas. We're all sick and it started the very night that the new furnace was installed. When we leave the house we start to feel better and as soon as we get home, within 30 minutes, we're coughing, sore throats, feeling sick again. I'm hoping someone from the city can come out and inspect the unit. The landlord is just really snippy about everything and has an attitude about it any time I bring something up. I'm genuinely concerned and am not too sure who to speak with at this point. Thank you for your help. The landlord came today and installed a new Carbon Monoxide detector and checked out the furnace, they accused us of taking the original detector... (not sure why we would do that). They are really upset with us and since we "reported them" they are even more upset. So... we recently renewed our lease for another year (our 3rd year here) but are wondering if, given all of these new developments, we are able to get out of the lease since the work was done without any permits, etc. Can anyone offer any advice or anything? We've contacted a couple lawyers but have yet to hear back.

Thank you in advance!

[ELCO5280]

Check HERE!

The Landlord’s Obligation to Repair
The terms of the lease determine the landlord’s obligation to repair the property. Otherwise, the landlord is obligated to repair the property only when:

• Gas burning equipment causes a hazard. A tenant is allowed to move out if repairs to defective and hazardous gas equipment are not made within 72 hours after notice to the landlord. (In such a situation, a tenant is entitled to a full refund of the deposit and a rent rebate)
• The landlord has made a binding agreement to repair the premises
• The landlord’s failure to repair the premises violates the covenant of quiet enjoyment of the premises (see explanation below)
• The repairs are for the common areas
• The repairs are necessary to correct a dangerous or hidden defect

[ELCO5280]

Also, what does your lease state about repairs? You may want to read thru this as well Colorado Department of Local Affairs Landlord-Tenant Rights.

[davebarnes]

Originally Posted by tonimaloney

I never saw a permit for this project...no outside air intake....But... we smell gas.

1. Paragraphs will improve readability.
2. You don't smell gas. "Since natural gas and propane are colorless and odorless, a small amount of methyl mercaptan or ethyl mercaptan is added to make it easy to detect a gas leak."
3. Call the municipality about the permit.
4. I am pretty sure that code requires outside air for combustion. But, I am not a HVAC expert.

[ChrisFromChicago]

I bought a home, and found a gas leak after moving in. If you think there is a gas leak and apparently you don't trust xcel, hire a local furnace guy. Say you smell gas. . .


When it happened to me it was easy. I just opened up the cover to the furnace and you could smell it. Wonders that the last people didn't blow themselves up.


Yet I can't see how you can get out of the lease because you feel sick. The landlord has installed carbon monoxide detectors. You have had it inspected by xcel. I wouldn't think you would qualify the 72hour rule unless there is an actual verified issue.

[Mort_canard]

Buy a carbon monoxide detector. It could be a leak in your vent line. This could be FATAL if not addressed. Forget the lease!

[Dreaming of Hawaii]

I don't understand how come when you called Xcel Energy and told them that you smelled gas, they only did a "visual" inspection? I'd call them again and have them come out right away! If there is no gas smell, then it could very well be carbon monoxide.

I suggest, in addition to the above, that you also call the Denver City Residential Health and Housing Inspection office at 720-913-1311, x311. See if they will come do an inspection.

[tonimaloney]

Thank you all! Xcel (the 2nd guy) came and fixed the leak.... My concern is my 3 children who all have pneumonia and are not getting better. The landlords came out today and replace the carbon monoxide detector but still, what about everything up until this point?

[Dreaming of Hawaii]

What do you mean -- "what about everything up to this point"? It looks like the leak has been fixed and the carbon monoxide detector has been installed. What else do you think should happen?

You could call the number I gave you for the City inspector, I guess, if you still have questions.

[SkyDog77]

You said the kids have been diagnosed with bacterial pneumonia and that they not getting better. was this diagnosis by a doctor? Are they on antibiotics?

With my knowledge of HVAC systems, simply installing a new unit without a filter would not cause pneumonia. I have had tenants run them without filters for months (to my chagrin).

Also if XCel sent someone out to inspect the installation, it is hard for me to believe that they would say it was alright if no fresh air was in the room. Did the old unit not have a fresh air either? If you told XCel you smelled gas, they would have sent someone with a gas detector over immediately. Did this not happen or did you not tell them you smelled gas? Immediately after a new unit was installed there would naturally be some gas odor since the pipes were disconnected and some residual gas is always n the lines.

As for the permit question, What city are you in? Denver requires that the work is done by a licensed contractor, but I don't believe you actually have to pull a permit. If you live in Denver you can call 311 and asked to be transferred to the Residential Health and Housing department. They will send an inspector out to verify the work.

This all sounds very strange.

Bottom line: If you want to leave, just leave. The effort involved in recouping money from tenants for a broken lease is hardly ever worth it I have found. Especially in a rental market where vacancies are so rare. Have you tried asking your landlord to let you out of the lease?