Tenant Rights: Our electric bill is through the roof

[Trinitynissi]

We have been renting a home for almost a year now from a rental agency - have paid our rent on time every month and have always kept the home in neat and orderly condition. Upon move in, the front window on the home (which is the kids room) was broken and had a hole in it. We were told the window would be fixed BEFORE we moved into the home. We moved into the home October 1st 2011, and the window was not fixed. The rental agency finally sent someone out to look at the window in June 2012 but we are now in the end of August 2012 and still the window has not been replaced. Our electric bill is through the roof with the hole in the window. What are our rights as far as having this taken care or (with the safety of my children being my first priority) and also do we have any hope of recouping some of the extra expenses from our utility bill being so high due to the hole in the window? (it is a decent size hole, not just a tiny one)

[AFFA]

I wish to inform you that you have a right to have the building repaired. In this regard you can give a written notice to landlord that repair must be done and if he does not do repair then you will do repair and deduct amount from rent. If landlord does not do repair then you can do repair and deduct amount from rent. Further it is the duty of landlord to comply with the agreement terms.

AFF

[sandyclaus]

Originally Posted by Trinitynissi We have been renting a home for almost a year now from a rental agency - have paid our rent on time every month and have always kept the home in neat and orderly condition. Upon move in, the front window on the home (which is the kids room) was broken and had a hole in it. We were told the window would be fixed BEFORE we moved into the home. We moved into the home October 1st 2011, and the window was not fixed. The rental agency finally sent someone out to look at the window in June 2012 but we are now in the end of August 2012 and still the window has not been replaced. Our electric bill is through the roof with the hole in the window. What are our rights as far as having this taken care or (with the safety of my children being my first priority) and also do we have any hope of recouping some of the extra expenses from our utility bill being so high due to the hole in the window? (it is a decent size hole, not just a tiny one)

I have a difficult time believing that one broken window alone has resulted in the astronomical electric bill you claim to be getting. If properly covered, even if it hasn't been actually repaired, then that would reduce any air flow going out and coming in from that window while waiting for the repair/replacement. More likely, the electric usage for the rental is generally costing you more than you anticipated, and you are trying to figure out some way to stick that to the rental management company by blaming it on the window alone.

There is also a concept here of mitigating your damages. It does not take 10 months to replace a window. If the problem was as severe as you seem to claim it is, you would have figured out a way to get the window fixed or replaced by now - even replacing it on your own dime if you had to. I'm sure that the cost of the repair/replacement might even be less expensive than those electric bills.

You don't mention what state you live in, but there are many states that allow for a "Repair and Deduct" remedy. In that situation, you pay for whatever needs to be repaired, and you deduct the cost from your next month's rent. Depending on your state, if it is allowed, you may need to notify the LL IN WRITING of your intent to utilize this remedy before actually doing it.

[Friend In Court]

If you supplement your post with the state this property is in, we can provide you the proper procedure for "repair and deduct".