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  1. #1
    Join Date
    Jan 2008
    Posts
    1

    Default Owners Want Rent When There Is No Running Water


    Okay heres the deal. I paid for first months rent in October, neither me nor the owners knew the shape of the house, I didn't have to pay the deposit. When the house was looked at both by myself and by the landlords,I was acknowledged that the house did indeed need a lot of repairs, The woman owner had hired me to do the work in exchanged for the rent when I supplied the bill for my work. The male owner had hired a contractor friend of mine to fix all the wiring in the house, alot of these wires were live wires and hanging out of the walls and from the ceilings. I could not move in for the whole month of Oct. and I had already paid the rent for that month, Now in November Me and My daughter had moved in, the landlord came and wanted rent, I told him that it was agreed by the woman owner that It would be exchanged for the work that I have done. 2 weeks have gone by and now we have pipe lines running down the middle of the all gravel and dirt drive. we have a water well in which we called to have water brought up to us but the water guy could not bring water up to us for fear of getting stuck in a trench or breaking the pipes, now we were told several times that the water co. would be up to have the meter installed, 10 weeks have passed and it is now Jan. we still have no running water, now it has been said that you can not rent an apartment or a house when it does no have adequate heat or running water, is this true. The male owner is really being an --- and is wanting rent money for these past 3 months. That I was unable to live in. I also ended up in the hispital for some health hazzards from the house. I am at a standstill as to what I can and cannot do. or better yet what my rights are. Please help!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Owners Want Rent When There Is No Running Water

    If you'll tell me the state, I'll track down the relevant statutes.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Owners Want Rent When There Is No Running Water

    Putting on my psychic hat...
    Quote Quoting Kentucky Revised Statutes, Sec. 383.595 - Landlord's maintenance obligations and agreements.
    (1) A landlord shall:
    (a) Comply with the requirements of applicable building and housing codes materially affecting health and safety;

    (b) Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

    (c) Keep all common areas of the premises in a clean and safe condition;

    (d) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by him; and

    (e) Supply running water and reasonable amounts of hot water at all times and reasonable heat between October 1 and May 1 except where the building that includes the dwelling unit is not required by law to be equipped for that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the tenant and supplied by a direct public utility connection.
    (2) If the duty imposed by paragraph (a) of subsection (1) is greater than any duty imposed by any other paragraph of that subsection, the landlord's duty shall be determined by reference to paragraph (a) of subsection (1).

    (3) The landlord and tenant of a single family residence may agree in writing that the tenant perform the landlord's duties specified in paragraph (e) of subsection (1) and also specified repairs, maintenance tasks, alterations, and remodeling, but only if the transaction is entered into in good faith and not for the purpose of evading the obligations of the landlord.

    (4) The landlord and tenant of any dwelling unit other than a single family residency may agree that the tenant is to perform specified repairs, maintenance tasks, alterations, or remodeling only if:
    (a) The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration;

    (b) The work is not necessary to cure noncompliance with subsection (1)(a) of this section; and

    (c) The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
    Quote Quoting Kentucky Revised Statutes, Sec. 383.625 - Noncompliance by landlord.
    (1) Except as provided in KRS 383.505 to 383.715, if there is a material noncompliance by the landlord with the rental agreement or a noncompliance with KRS 383.595 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied in fourteen (14) days, and the rental agreement shall terminate as provided in the notice subject to the following:
    (a) If the breach is remediable by repairs, the payment of damages or otherwise and the landlord adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate by reason of the breach.

    (b) If substantially the same act or omission which constituted a prior noncompliance covered by subsection (1) of which notice was given recurs within six (6) months, the tenant may terminate the rental agreement upon at least fourteen (14) days' written notice specifying the breach and the date of termination of the rental agreement.

    (c) The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of his family, or other person on the premises with his consent.
    (2) Except as provided in KRS 383.505 to 383.715, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement of KRS 383.595.

    (3) The remedy provided in subsection (2) is in addition to any right of the tenant arising under subsection (1) of this section.

    (4) If the rental agreement is terminated, the landlord shall return all prepaid rent.

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