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  1. #1
    Join Date
    Jul 2009
    Posts
    4

    Default Landlord Refusing to Do Maintenance Until My Apartment Smells Better

    My question involves landlord-tenant law in the State of: Alaska
    I have been renting the same apartment for almost two years and never had a complaint. Recently however a neighbor evidently had an issue with a urine smell they believe is from my apartment. Granted there have been a few times we have let the litter box go a day or two longer than should be, but overall, the place is in decent enough shape and when the litter is changed, things are fine. There is still a lingering musty smell that has been present since we first moved in as well as the fact that the carpeting was flooded recently and it is a hot summer in Anchorage and MY HEAT WONT TURN OFF!
    My problem is that when I asked the landlord to repair our faucets (haven't asked about the heat yet, that I just discovered), she said when I get rid of the smell she will be happy to come do maintenance. Can she refuse to fix things because it smells funky? I mean really, my place is not a sty, but it could become one if I don't have properly working faucets and a comfortable temperature to work in.

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

    Default Re: Landlord Refusing to Do Maintenance Until My Apartment Smells Better

    There is still a lingering musty smell that has been present since we first moved in as well as the fact that the carpeting was flooded recently and it is a hot summer in Anchorage and MY HEAT WONT TURN OFF!
    Your apartment flooded, and the landlord didn't replace the carpet? Under what circumstances did the apartment flood? Is the landlord aware?

    This presents a potential health hazard, and needs to be remedied.

    Additionally:

    The Landlord and Tenant Act provides that the landlord must:
    (1) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable
    condition;
    (2) keep all common areas of the premises in a clean and safe condition;
    (3) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;
    (4) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy of the dwelling unit and arrange for their removal;
    (5) supply running water and reasonable amounts of hot water and heat at all times, insofar as energy conditions permit, except where the building that includes 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;
    (6) if requested by the tenant, provide and maintain locks and furnish keys reasonably adequate to ensure safety to the tenant’s person and property; and
    (7) provide smoke detection devices as required under AS 18.70.095.
    Examples of typical property maintenance duties which may fall under these statutory provisions include the landlord’s duty to maintain:
    • doors, windows, roof, floors, walls and ceilings, ensuring that they do not leak or have holes;
    • plumbing that works, does not leak, and provides hot and cold water at reasonable water pressure;
    • a working, safe stove and oven;
    • a reliable heating system which provides adequate heat to all rooms;
    • a safe electrical wiring system (with no loose or exposed wires, sockets that do not spark and adequate circuit breakers);
    • windows or fans that provide fresh air;
    • enough garbage cans or dumpsters to provide an adequate and safe trash removal service;
    • extermination service if roaches, rats, mice or other pests infest the building, apartment or property;
    • proper maintenance of any vacuum cleaners, washing machines, dishwashers, etc., supplied by the
    landlord (when not abused or broken by the tenant); and
    • properly working smoke detectors.
    and

    Tenant remedies
    If the landlord does not meet his or her responsibilities, the law provides remedies for the tenant. The type of remedies available depends on the type of noncompliance by the landlord.

    Remedies for Landlord’s noncompliance in general
    1) The tenant may move.33 If there is material noncompliance by the landlord with the rental agreement or a noncompliance with the Landlord and Tenant Act which materially affect health and safety the tenant may move. The tenant must first give the landlord written notice describing the problem and stating that if the problem is not fixed in 10 days from receipt of the notice, the tenant will move in 20 days. If the problem is fixed within 10 days the tenancy does not terminate. If the tenant still wants to move, a regular
    30-day notice is required (in a month-to-month tenancy).

    If the tenant notified the landlord in writing of a problem and the landlord fixed it within the time allowed,
    but the landlord allows substantially the same problem to occur again within six months, the tenant may terminate the agreement with a ten-day written notice without allowing the landlord an opportunity to fix
    the problem. The notice must specify the problem and the date of termination of the tenancy.

    If the rental agreement is terminated, the landlord must return all prepaid rent or security deposits recoverable by the tenant. Tenants may not terminate a rental agreement for problems they themselves have caused.

    2) The tenant may obtain damages or injunctive relief. A tenant may sue in court for damages or obtain injunctive relief for any noncompliance by the with the rental agreement or for certain violations of the Landlord and Tenant Act. If the total amount at landlord issue is less than $7,500 the tenant may sue for damages in small claims court. For larger claims, or requests for injunctive relief, the tenant should see an attorney.

    Remedies for Landlord’s failure to supply essential services
    If the landlord deliberately or negligently fails to supply an essential service (such as heat, water, sewer, electricity or plumbing), the tenant has several other alternative remedies. Prior to taking one of the remedies a tenant must give the landlord a written notice stating the problem and the remedy the tenant plans to take.

    1) The tenant may make repairs and deduct the cost from rent. Once written notice is given to the landlord stating that the tenant plans to do so the tenant may get the problem fixed and deduct the actual and reasonable expenses from the next month’s rent.] (If the repair is very expensive, it is a good idea to consult with an attorney before taking this step.) The tenant should retain receipts for all costs, and submit them to the landlord for rent credit.

    2) The tenant may procure reasonable substitute housing. The tenant can give the landlord written notice that he or she is moving into reasonable substitute housing. The tenant is then excused from paying rent until the problem is cured.

    If the tenant has to pay more than his or her regular rent to secure housing during this time, the tenant can charge the landlord for the difference.

    3) The tenant may obtain damages. In some cases, when the problem is really serious, it may reduce the value of the dwelling. If this happens, the tenant may sue, or in an action by the landlord for possession or rent, the tenant may counterclaim, to recover damages against the landlord based on the diminution in he fair rental value of the dwelling.


    http://www.commerce.state.ak.us/occ/pub/landlord.pdf
    "It smells funky in here!" is not sufficient grounds for her to fail to make the necessary repairs.

    That said, make sure you keep up with the kitty box - that smell does linger, and you can be nicked for failing to keep the premises clean if you don't keep it up. Arm and Hammer makes a litter box powder that really helps out, you might look into that.

  3. #3
    Join Date
    Jul 2009
    Posts
    4

    Default Re: Landlord Refusing to Do Maintenance Until My Apartment Smells Better

    Thanks. I am aware that that smell lingers (thanks for the Arm & Hammer tip, I'll check that out). I have a teenager that will let things go a bit when I'm not around, but the place itself is kept reasonably clean. I am also aware that I have certain rights under "normal" circumstances, but was unsure if the place smelling bad to someone else would be considered differently.
    As for the flooding, the upstairs apartment had a leak that came through my place and saturated a good portion of my carpet (maybe 1/4 of the main room) and warped the paint on the wall. The landlord pulled up the edging of the carpet and stuck a fan under it for a day or two. That was that.
    Thanks again for your input. ^_^ I definately need to get this heat issue taken care of. It's 80 degrees outside and 90 inside! And people think Alaska is a year round ice box. :P

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