Utility question.

This is a discussion on Utility question. within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; living in Virginia. I have a lease that has a thing involving the lessor repairing and paying for the repair ...

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Old Dec 14th, 2008, 02:19 AM   #1
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Default Utility question.

living in Virginia. I have a lease that has a thing involving the lessor repairing and paying for the repair of damaged things through no fault of the lessee.

If, say the heater or other pre-installed energy drawing object were malfunctioning and drawing a substantial amount of energy causing the energy usage to go from.... 1600KWH per month to 4500KWH and a $240 increase in the power bill, would the lessor be responsible for any of that?
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Old Dec 14th, 2008, 10:54 AM   #2
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Default Re: Utility question.

Most states allow a tenant to be responsible for the repair of minor items. However, a residential lease normally can't make a tenant responsible for major habitability items like a furnace or heater. Look through the LL-Tenant act of your state for a section on LL duties or responibilities. If it states the LL is responsible to provide reasonable heat and hot water (or some similar terms), write a letter to the LL to request the repair. Send it certified mail, return receipt requested, and keep a copy. Get a letter from a professional HVAC guy to state it is broken. If the LL fails to respond, read through VA Code 54-248.25, 54-248.25.1, and 54-248-27 on how to rent withhold properly. Follow procedures for rent withholding exactly to prevent eviction. Or seek legal aide or call the local housing inspector or health department and report the problem.

If this is a commercial rental, you can be made responsible for the repair since commercial rentals are not generally covered under the residential LL-Tenant statutes.
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