Suz16

I would really appreciate any advice on this dilemma.We have been renting a house for the past 18 months. The original lease was for 2 years, so we still have 6 months left.

However, we are very unhappy with our landlord. Any time there is a problem ( of which there have been several) he always tries to fix it himself first rather than hire a qualified tradesman. This has resulted in several periods of us having no heating, while he attempts to fix the system himself. We had no heat downstairs in our house for almost a week recently until he finally called a plumber.

But what has really put the tin lid on it for us is what we just found out recently. When the plumber came on Wednesday to fix the heating, he asked us who had fitted the hot water tank. We told him it was our landlord and a friend of his who had replaced it 2 months ago, as we had a problem with the hot water and the old tank was leaking. The plumber then said it was the wrong water tank, had been fitted incorrectly and that he would have to put a warning sticker on it as it was very dangerous. The landlord had connected a hot pipe to a plastic one, which was starting to melt. Also the tank was not vented correctly. He said we were very lucky we had not had a fire.

We were horrified to hear this obviously. The plumbing firm were obliged to switch the tank off due to the safety hazard and said that if the landlord did not agree to replace it they would have to report him to the town, who would fine him. The landlord came out to see us, apologized profusely and has arranged for the plumbers to return today to fit a new water tank.

We now feel we don't want to stay in this house, we have no faith in the landlords ability to fix things and are very angry that he has put our lives at risk by installing the dodgy water tank.

We would like to break the lease and move out as soon as we can find another suitable house, however we are worried that we could be held liable for the remaining 6 months rent. Does anyone have any experience with this, or any advice as to what we could do?

Thanks in advance.

Vimto

I Googled and found this as you are in NJ
http://www.lsnjlaw.org/Publications/...antsRights.pdf

Hotscot

I wouldn't stay.

I don't know about local laws but first thing would be to properly document all this and take pics if you can.
Also statements from qualified trades.

Then you could send the landlord a letter stating your intentions and requesting a response in writing.
You could also do this via an attorney for added 'weight' if you felt it appropriate.

Ultimately if you break the lease he can sue you, if he thinks it's worth it, and you can counter sue on the grounds that you've outlined.

Pulaski

In practice landlords rarely sue, because they can only recover actual losses, i.e. the period the property was vacant, not the rent for the entire balance of the lease period. Suing for one month's rent isn't worth the hassle, especially if the landlord has already "seized" the deposit (and last month's rent, if made at the time the lease was signed)

Giantaxe

I would be inclined to break the lease as well. With a thorough chronology and photos of the offending water tank etc, I doubt the landlord suing would go far. Otoh, getting back any security deposit would likely be a challenge.

GeoffM

I suspect you would need to give the landlord an opportunity to formally respond to your concerns in order to be squeaky clean. But I understand the desire to get out. +1 to Hotscot's suggestions and Vimto's link is most likely well worth a read.

We broke a lease a month early and settled on 50% rent for the final month. Six months is a little different though!

Michael

You probably have cause to vacate but the landlord will probably keep any deposit and try to get you to pay more. Like other said, document and photograph everything.

However what I'd do since it is only 6 more months, is hire an inspector (should be less than $500) to make sure the home is safe and if it is deemed safe, finish out the lease and save money and hassle. Then give the inspection bill to the landlord and is he doesn't pay, withhold that amount from your last months rent.

If it isn't safe, then vacate and sue the landlord in small claims court for any money lost, days charged for when the place wasn't livable, the cost of the inspection, and court costs.

You could also tell the landlord what you plan to do and he may allow you to break the lease without penalty. Tell him you plan to send the inspection report to the city inspector along with the pictures of the melted pipe.

Suz16

Thanks for the replies and Vimto thanks a lot for the link.

I think we are definitely going to break the lease, I just want out of there now.

The landlord is here today overseeing the fitting of the new water tank, he has just gone round and checked all the smoke alarms in the house, think he has had a shock!

Pulaski

I think this is the best, and likely most productive, advice so far in this thread.

scrubbedexpat099

Not exactly rocket science to swap out a water heater.

Pulaski

Very few landlords are rocket scientists.

Given the cost of calling out a plumber, electrician, heating/AC contractor, or roofer, I can't see how most private landlords make any money if they can't do most basic repairs themselves.

GeoffM

I'm sure I could swap one out. Whether it's to "code" is a completely separate matter!

Michael

The closer you are to being rocket scientist, them more likely you'll do it wrong.

Pulaski

That would because rocket scientists use metric and plumbing is all in imperial ("English") measurements.

Hotscot

Metric Math Mistake Muffed Mars Meteorology Mission

http://www.wired.com/2010/11/1110mar...server-report/