Need help with a landlord tenant issue

spartanfan53 · Jan 2, 2013

My girlfriend rents a duplex, her landlord occupies the other half. This past Monday her water heater stopped working, but her landlord left out of town until Jan 4 or 5. She has only a home phone # for him to contact and has left him 4 messages on his answering machine. She has no other way to contact him as he left her no information on how she could while he is gone. It is now going on 72 hrs without hot water for her and her 2 kids.
What options does she have legally as far as getting this fixed or replaced. Can she do this and take it out of this months rent? She had a tech come and say it would cost 300.00 to fix but has to wait for parts. She can get a new one for 350.00. Shouldnt he of given her a contact # or person to contact while he was gone in case of emergency?

gmenknicks · Jan 2, 2013

do you have a lease signed and executed?

gmenknicks · Jan 2, 2013

what state is this in?

spartanfan53 · Jan 2, 2013

In Michigan and yes she has a lease.

Enfuego · Jan 2, 2013

Well, what does the lease say about this issue?

Enfuego · Jan 2, 2013

I guess what I would say right now is forget about the legalities of the situation and get her out of the apartment so she can get some hot water. If she knew he was gone until the 4th or 5th, why stay there?

I would've got it fixed and then told him to take it out of the rent which I'm sure he will have no issue with.

ProPokerPlayer · Jan 2, 2013

If thats just a standard 30gal WH and she pays someone $300 to fix it he might have an issue....that she gouged out the ass! If i changed every part on that Htg and it took 1.5 hrs...which it will probably take 30 mins. the bill would be about 185.00 + tax....I can promise you she doesnt need every part on it.

ivyconniver · Jan 2, 2013

Irresponsible of the landlord, but it's not the end of the world. Boil some water, and sponge bath, she'll survive. If you're that concerned have them come stay with you for a couple days. I would advise against getting repairs or replacement done out of pocket, could be very tough to get it reimbursed, and cause legal issues if she doesnt pay full rent.

She should have his cell phone number anyway. If it was the furnace that broke he would be up shit's creak when all the pipes froze. It's in his best interest to be reachable.

SECplayer · Jan 2, 2013

At the very least, if she decides to go ahead and fix the old one or put in the new one without being able to contact the landlord, she needs to put the request in writing as well as document how many times she attempted to contact him in an effort to have him fix it. Just drop it off in his mailbox. Guarantee there is a provision in the lease that says the landlord has the right to fix major appliances and/or heating and cooling equipment and any decisin making his at his discretion. Obviously you cant get his approval, but id attempt to follow the lease provision as closely as possible in every other manner. I'd shop it around and find the best deal to avoid as many problems as possible though. I'd also put it in writing that I'm deducting X days rent from the check based on the fact that she was unable to stay there during that time.