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I hope someone familiar with Tennessee tenant/landlord statutes can answer this. My husband and I moved into a rental house that specifically advertised as follows: "..electric heat and gas propane fireplace". Well, we discovered there is no propane tank and property manager states that we are responsible for furnishing it. I sent her the ad where it specifically stated a fireplace and her reply was that it's a convenience and that we are responsible for utilities and gas. I've no idea what she means but it would seem we should be provided the tank to put the damn gas in. Am I right??
I would like to add that the home we moved into was filthy, so I had to clean it. Additionally, there are broken windows and a torn screen, missing kitchen cabinets, all of which haven't been addressed yet after 2 months of being here.
Location: IN>Germany>ND>OH>TX>CA>Currently NoVa and a Vacation Lake House in PA
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My guess is that the previous tenant rented a propane tank which is not uncommon. When they moved out the propane tank went back to the propane supplier.
The landlord should have let you know in good faith about it up front, but I don't think there is a legality issue here since a fireplace is indeed included with the property. It is a convenience and it's not like you're without basic needs with no propane tank.
It sounds to me like you're having rental remorse about the property and trying to wiggle out of the lease at this point. Before you moved in you should have done a check of the property before signing the lease. Did you not do that? If so, didn't you notice it was dirty along with the other issues you have brought up?
It's industry standard for the tenant to rent his own propane tank and to be the one to have the contract with the propane company. Is there an actual fireplace? You just need to rent or buy a tank and screw the lines together? You didn't really think that the ad that said there is a propane fireplace meant that the landlord was going to provide you with propane?
As for dirty, you saw it and accepted it that way, so you can either clean it up yourself or live with the dirt.
While you were looking and not noticing that the apartment needing cleaning, you didn't notice that there was no propane tank?
Call a local propane delivery company and they will bring out a tank, set it up, test the lines, and set you up with a delivery schedule. Yes, and you pay for that.
By the way, one of my tenants didn't want to lease a propane tank and pay for delivery, so they bought a 15 pound tank and they carry it back and forth to the gas station to have it filled. That works just fine, too.
I don't know Tennessee (have never even been there), but in another place in a similar situation, we had the same thing. Renting the tank and keeping it filled was a tenant responsibility. We were told it was a convenience as well. Your landlord wasn't very up front about the situation with the fireplace, but I agree it's probably not illegal. The condition of the place in general isn't related. Did you see the place before renting? Not cool to have broken windows and that haven't been fixed. Have you put those requests in writing?
By the way, one of my tenants didn't want to lease a propane tank and pay for delivery, so they bought a 15 pound tank and they carry it back and forth to the gas station to have it filled. That works just fine, too.
Seems like it would be an awful lot of work, unless they never cooked and didn't have to heat. Or was it just for a fireplace?
Seems like it would be an awful lot of work, unless they never cooked and didn't have to heat. Or was it just for a fireplace?
No fireplace; they cook with propane and there is a propane heater on the sun porch that I don't think they use except on extremely cold nights. The house has a heat pump for heat.
Delivery propane is about $3 a gallon and it cost $1.25 to buy it at the gas station and I think there is a place that is right on their way to work, so they aren't driving around to get the tank filled. It appears to be worth it to them to save on the cost and not pay the tank rental fee.
Whatever, it is their decision and they are happy with it. The stove had a glitch and she begged me not to replace the stove. She'd rather have a burner not working than to lose her propane stove. (I was able to get it fixed)
Having a portable tank is only going to work in an area where theft is low, or your tank might be stolen.
I hope someone familiar with Tennessee tenant/landlord statutes can answer this. My husband and I moved into a rental house that specifically advertised as follows: "..electric heat and gas propane fireplace". Well, we discovered there is no propane tank and property manager states that we are responsible for furnishing it. I sent her the ad where it specifically stated a fireplace and her reply was that it's a convenience and that we are responsible for utilities and gas. I've no idea what she means but it would seem we should be provided the tank to put the damn gas in. Am I right??
Does the house have provision for heat and a fireplace? If so its not false advertising. She omitted to state you need to provide a propane tank. Pretty low IMO.
When we first did a walk through, the property managers cousin was cleaning. I didn't think she would only clean windows leaving the cabinets, drawers, etc, filthy. Nicotine residue on everything as well had to be cleaned by me. We are not trying to escape our lease, only inquiring if a tank should have been provided as a gas fireplace was advertised. Didn't think to look for a tank - I'm from the tropics where no one used fireplaces. In any event, we moved in with the repairs to be done entered into contract (except for propane tank discovered missing afterward) and nothing has been done. This was 3 months ago... and we do have central heating but the neighbor who knew previous owner, said its not sufficient to heat this manufactured home. Current owner bought it shortly before we moved in and doesn't want to invest a dime in it, only wants rent money.
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