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The baseboard controls are there in the three rooms with no heat but the heating element is missing. The only two rooms that have baseboard are the kitchen and the living room. I remember when I moved in the landlord said 'it'll save you money because you can control the heat in each room', yet the dials don't do anything. Once I saw the dials I didn't think any more of it. When I tried them I thought the heat would come from the floor or something.
I called HUD and they said if a room didn't have heat that would give me reason enough to change properties. I rent with private funds through a private landlord though. I called HUD because I didn't know who else to call.
Housing Codes.
Most local building and housing codes contain a long list of maintenance and safety requirements for rental property. Under these codes, owners of such property must provide safe and properly functioning heating and plumbing systems. Heating systems in many communities must be capable of heating every habitable room in a dwelling to at least 65-70 degrees. Most local codes also require that all walls, doors and windows be weather tight. Walls, ceilings and floors must be free of holes, cracks, and peeling paint, according to many local codes. Similarly, most local codes require landlords to rid multi-family (but not necessarily single family) dwellings of infestations of rodents or bugs. Under many codes, all doors and windows opening to the outside of the dwelling must have locks on them, and unless the dwelling has air conditioning, most codes require that all windows in the dwelling
I can't find the local codes for the city of Hickory,NC. A call to the Code Enforcement at the city, on Monday, was not returned.
The baseboard controls are there in the three rooms with no heat but the heating element is missing. The only two rooms that have baseboard are the kitchen and the living room. I remember when I moved in the landlord said 'it'll save you money because you can control the heat in each room', yet the dials don't do anything. Once I saw the dials I didn't think any more of it. When I tried them I thought the heat would come from the floor or something.
I called HUD and they said if a room didn't have heat that would give me reason enough to change properties. I rent with private funds through a private landlord though. I called HUD because I didn't know who else to call.
I'm trying to determine if it's a code violation or not.
Read your state landlord tenant laws (linked in the first "sticky" on this forum) and see what they say about addressing maintenance/habitability problems with your landlord. The first thing is to, well, do first things first and communicate with your LL. If you get no satisfaction then you can take things further but chasing around looking for legal recourse before you've even spoken to your LL is way premature.
First link for Nc is a 404, second link is HUD who I've already spoken with on the phone in Greensboro, the third link is not helpful, and the fourth link is written in legalese.
I'm moving in December because it is not safe to live here. There is an illegal apartment around the back that does not have water, electricty, or trash service. The water and power come from the next door duplex and the trash... I have no idea what they do with their trash. When I first moved in I spoke with the city trash guy about it and every apartment has to have a trash can by law, and pay the requisite fee. Landlord does not want to pay this fee.
Landlord rents to.... criminals. Every weekend it's loud music and a different cars every week. It's not really an 'apartment' it's more like a place to stash drugs, children, 'undocumented workers', whoever and whatever. People have come by 'demanding money' with those parolee ankle bracelets. Strange people have been parked out back, for hours at a time, just sitting there. When I inquire if I can help them they leave.
I've been here since mid June and the police have been here 6 times. I either want to show my lease is invalid due to code violation, and therefore unenforceable, or do constructive eviction when it gets cold enough and the non existent heating system can't keep my bedroom warm enough.
If I planned on staying I would call the landlord. He'll probably tell me the apartment is 'As Is' since that is what the lease says. 'As is' does not preclude him from following state law. It's also part of his job to ensure I have 'quite enjoyment' of my apartment - and I do not. I've had to move my bed to the farthest possible wall from the 'illegal apartment' so I can sleep at night. When the next door neighbor (who has since changed in the little time I've been here) was having an extremely loud 'fiesta' at 10am in the morning, he told me to handle it. Subsequent requests for noise via txt msg have been ignored.
I have severe anxiety and can not live in a place like this...
Edit Think I found it in the General Assembly link
For purposes of this subdivision, the term "imminently dangerous condition" means any of the following:
Quote:
h. Lack of operable heating facilities capable of heating living areas to 65 degrees Fahrenheit when it is 20 degrees Fahrenheit outside from November 1 through March 31.
Last edited by sephiro499; 10-25-2014 at 08:37 PM..
I'm trying to determine if it's a code violation or not.
It's not a code violation until after you inform the landlord, in writing, and request repairs. Then you must give him time to correct it.
Did you bother to check the circuit breakers to see if the heaters aren't working because the breakers have been turned off?
Generally, rentals are required to provide heat and nothing is said about "every room". You might want to read your state housing laws. Section 8 has different rules that don't apply to you if you are not receiving section 8 subsidies, so advice from HUD might possibly not apply to you.
It sounds an awful lot like you moved into really cheap housing, or else housing where the landlord doesn't screen tenants. Try looking for a new place where the landlord is really picky about who moves in and you will have better neighbors and better level of repairs and maintenance,
If I planned on staying I would call the landlord.
The longer you ignore contacting your landlord (which is correct procedure) the more difficult will be your attempt to prove anything. As oregonwoodsmoke points out, no code enforcement agency or court is going to do much for you until you've communicated the problems with your landlord and given him the legally required time to fix the problems.
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