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This may depend on the laws of a particular state, but I thought I'd ask for some advice here. On June 5th of this year my daughter paid a security deposit equal to one month's rent, as well as the first month's rent, for a tiny studio apartment that was advertised on Craig's list. The ad listed the amenities and clearly said the apartment included a stove. When she and I went to look at the place, there was no stove. The agent assured her that a stove was on order and would be installed within a few days. She has never dealt directly with the landlord as there is a management company that handles everything.
A month has passed, and on July 5th (the lease runs from the 5th to the 5th) she paid July's rent. Still no stove. She has stopped by the office several times, and has sent a number of emails reminding the agent that she was promised a stove and still doesn't have one. Everytime she brings it up the agent acts surprised, and says she'll look into it.
I thought a stove was required to be in a unit in order to even be allowed to rent it, but that may not be the case. I just had heard this somewhere. At any rate, what should she do at this point? What is the process for withholding rent, if it gets to that point? (eating out is costing her a lot, and she is getting a little tired of eating stuff zapped in her microwave). Shouldn't she get some type of credit on her rent since it was supposed to include a stove and so far she has done without? I don't think she would even care about a credit if the landlord would just get a move on and get a stove in there.
I honestly don't know if the lease specifically spells out what is in the apartment, but they have never attempted to claim she is not entitled to a stove. Other than this, she really likes the place and does not want to move.
At this point she needs to send a demand letter to the property manager for the stove, and point out that it's been over a month, and the time frame is now become unreasonable. Give them a firm date (I'd say 7/31 at the latest) or she will seek legal recourse.
I'd also tell her to ask for a pro-rated rent for August because she has gone so long without the stove, which is certainly not a luxury.
Read the lease, it should list what appliances are in the apartment. Make sure the stove is listed in the lease. Then write and demand the stove. List all the details as you have here. Make sure to send the letter by certified, return receipt. Proof of delivery is paramount.
Exactly, start with a demand letter ASAP. Also have her hang onto her restaurant receipts. I don't think it's unreasonable for her to ask for reimbursement.
If the lease includes a landlord supplied stove, it's not open to debate. I can see waiting a few days... but any management company can have a stove delivered and installed within 72 hours and that allows for Sundays and Holidays.
We no longer supply any free standing appliances... too much trouble... really. I still maintain and replace those that are on existing leases.
A Certified Letter is in order... in addition it wouldn't be unfair to ask for a rent reduction provided a stove is included.
Be forewarned... it probably won't be a new one and used stoves can be had for little or nothing... used or not, you are entitled to clean and fully functional unit.
Look up the property records and copy the Property Owner as well as the management company.
Thanks for the responses. It seems a certified letter is her next step. This has been a difficult time for her. The reason she moved in the first place is because she and her fiance were living together, and he tragically and unexpectedly died over the Memorial Day weekend. He was the only one on the lease at that house, which actually was a good thing, as she not only could not afford to live there on her own, but could not bring herself to stay there after this happened anyway. She has not only had to deal with that horrible tragedy, but also had to find a new place to live. Finding this apartment at a rent that she could afford on her own was great, but she really doesn't need to be dealing with this right now.
99% of rentals usually come with stoves. I question you mentioned a stove was included in Craig's list ad?? It's my understanding if you advertise certain amenities, they are included in the apt. Check the lease and also the inventory/move in statement. Much luck
99% of rentals usually come with stoves. I question you mentioned a stove was included in Craig's list ad?? It's my understanding if you advertise certain amenities, they are included in the apt. Check the lease and also the inventory/move in statement. Much luck
The craigslist ad stuck out in my mind too. I've heard of studio apartments without stoves. If the lease tells you the apt. does not
come with a stove, then they've misrepresented the apartment in the ad.
Last edited by virgode; 07-16-2009 at 09:43 PM..
Reason: paragraphing
99% of rentals usually come with stoves. I question you mentioned a stove was included in Craig's list ad?? It's my understanding if you advertise certain amenities, they are included in the apt. Check the lease and also the inventory/move in statement. Much luck
Quote:
Originally Posted by virgode
The craigslist ad stuck out in my mind too. I've heard of studio apartments without stoves. If the lease tells you the apt. does not
come with a stove, then they've misrepresented the apartment in the ad.
Yep - the ad listed stainless appliances and specifically identified stove, refrigerator, dishwasher, and washer/dryer. That's what prompted us to ask the agent when we went to look at the place, as the other appliances were there but no stove. She assured us that the owner was having one installed.
I called my daughter yesterday and asked her to take a look at the lease to see if it lists the appliances. Either way, she is going to write the letter as the agent has never denied that she was promised a stove.
First of all definitely check the lease. Second write a letter and like previous said certified. 3rd could ask for a discount because a stove was suppose to be included (again check lease). When a landlord removes an included amenity a lot of times the law will give tenant a decrease in rent amount.
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