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We moved into an apartment 2 months ago. Situation: Heating is via oil heating, which is new to us. In preparation for winter landlord has been talking about setting up a "service contract", etc... We'd assumed that he was saying he was going to pay for a service contract with automatic fill-up and have us pay for the actual fill-ups.
Today, we were more direct and got out of him that the previous tenants upon leaving ran the tank empty which means that the tank will require a service visit to repair it before we can even use it. He didn't get any money for the service call from their security deposit (perhaps because there's zero information about heating in the lease). Finally, when we asked directly he said he "was kind of hoping we would pay for the service".
This sounds like crap. Why should we pay for the mistakes of the previous tenants?
We've had a good relationship with this landlord so far (he lives upstairs from us) but we are a bit at odds here. I feel that the heating system should be in working order when we receive it. We will take care of filling it up and making sure that it doesn't fail.
I am not sure what the law is here. Our lease has zero information about the heating. And I'm confused about the phrasing of the CT law on heating: from Energy And Utility Problems With Landlords
When You Don't Have Heat
Your landlord is responsible for providing a working heating system that can heat your home to at least 65°F. If the heating system doesn't work properly and your landlord fails to fix it, she/he can be arrested. ([SIZE=1]NOTE) [/SIZE]The only time your landlord may require you to pay for heating fuel is when the heat is only for your use. You are not responsible for heating fuel if any of the fuel is used to heat other apartments or areas shared with other tenants (for example, a shared hallway or basement).
I don't understand this. The rule is for one situation "working heating system" but the exception is for something else (heating fuel). I want to pay for the heating fuel but I don't feel I should be paying for the the heating system - i.e. the boiler repair/service call. - or at least not for a service repair that is NOT our fault.
Any advice/view point on the situation? Oil is new to us - and already it's a hassle.
You already explained it. The system should be functional. If the lease and law say the LL must provide a working system, then the LL needs to pay for the service call to get the heat working.
Explain it in calm facts to the LL and tell the LL you want the service call made and you will have the oil delivered and keep things functional.
You are only responsible for the cost of the fuel you use to heat the area that you lease.
You are not responsible for anything that involved a past tenant.
You are not responsible for any service or repair to make the system operate properly.
That is the LL's responsibilty.
Is the heating system actually broken, or does it only require a service call because it needs to be filled? If the service call is just for delivery of fuel, then you are responsible. If leaving the system empty has done some sort of damage that needs to be repaired, then that was the responsibility of the previous tenant, and the landlord should have held it out of their deposits. You shouldn't have to pay for it.
Is the heating system actually broken, or does it only require a service call because it needs to be filled? If the service call is just for delivery of fuel, then you are responsible. If leaving the system empty has done some sort of damage that needs to be repaired, then that was the responsibility of the previous tenant, and the landlord should have held it out of their deposits. You shouldn't have to pay for it.
The OP said in her first post that the service call has to be initiated to "repair it" because it was run dry. A service call is a service call, a delivery is a delivery.
But the rest of the posters are absolutely correct and I'm sure the LL will take care of it. Seems he was "just hoping" that maybe you'd spring for the service call but probably knows that it's not your responsibility. Good luck and hope you'll be toastily warm this winter.
We moved into an apartment 2 months ago. Situation: Heating is via oil heating, which is new to us. In preparation for winter landlord has been talking about setting up a "service contract", etc... We'd assumed that he was saying he was going to pay for a service contract with automatic fill-up and have us pay for the actual fill-ups.
Today, we were more direct and got out of him that the previous tenants upon leaving ran the tank empty which means that the tank will require a service visit to repair it before we can even use it. He didn't get any money for the service call from their security deposit (perhaps because there's zero information about heating in the lease). Finally, when we asked directly he said he "was kind of hoping we would pay for the service".
Actually, that sounds to me like he is asking you to pay for the monthly service to fill, rather than the service call to fix it now.
Ask more questions, if I were renting a house with oil heat, I would want to set up a auto refill service, and I would expect to pay for that, just like I would pay for any heating source.
That said, we used to have a rental with oil heat, and we paid the monthly service as the landlord, but that was partly because it was a shared oil source for 2 units. It was also because it is a hassle to shift responsibility on a contract like that.
Actually, that sounds to me like he is asking you to pay for the monthly service to fill, rather than the service call to fix it now.
Ask more questions, if I were renting a house with oil heat, I would want to set up a auto refill service, and I would expect to pay for that, just like I would pay for any heating source.
That said, we used to have a rental with oil heat, and we paid the monthly service as the landlord, but that was partly because it was a shared oil source for 2 units. It was also because it is a hassle to shift responsibility on a contract like that.
You don't indicate if the oil furnace heats only your apt or multiple units or if the oil tank feeds only your furnace or multiple burners.
The ll is on the hook for repairs and maintenance on the furnace(s) period. You are on the hook for fuel oil (and any delivery charges for oil) only if the oil is for your unit ONLY. If the oil is used for multiple units heating purposes, the landlord is responsible and must include a method of charging for that in the lease.
In the house we rent out, the tenant is responsible for getting oil, we are responsible for keeping a contract.
But she needs to order the oil from the same company that we have the service contract with. One time she didnt, and I had to pay the $15 that it cost to get it started again.
I supply the heat machine, its her responsibility to make sure its full.
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