It's just my opinion, but until title changes hands, the tenant is still the tenant, and the landlord is responsible for replacing the water heater.
First of all the word is TENANT. Generally speaking, the answer is no. A landlord cannot control the behavior of his tenant. If the tenant is too loud you have the right to call the police and let them handle the situation. Generally speaking, you cannot withhold the rent from your landlord because of an annoying condition. If there are maintenance issues with your apartment such issue interferes with your essential living -- for example, your water heater goes out -- then, following your State's landlord and tenant law, you can follow the guidelines to remedy this situation. For example, in Florida, if your water heater goes out and you notify your landlord at least seven days before the rent is due, and the landlord does not fix the water heater, then you can have the water heater replaced yourself, then deducted from the rent.
Not unless the tenant is being charged by the landlord for water, which may be illegal. The tenant must have his own water meter to be charged for water, and then only by the authority that dispenses the water.
Yes. Usually.
If the rent includes electricity and water, then there's not much the landlord can do. If the landlord feels he is paying too much for electricity and water, he can opt for a water meter and electric meter to be installed on the property, to enable the tenant to be responsible for his own electric and water. It should be noted, however, that landlord may not turn off any utilities because the tenant failed to pay the rent.
If the lease agreement states that the tenant should switch the account to their name and pay the gas bill then the tenant should pay the landlord back. If there was no written agreement, or understanding, that the tenant pay the gas bill then you could try filing a complaint with the town, housing court, landlord-tenant agency, etc., if the landlord simply stopped providing heat and hot water. If the understanding was that the tenant pay their gas, they never switched the account to their name and the landlord didn't notice for seven months, then the tenant should start paying the gas bill and hope the landlord doesn't sue them for all the prior gas charges.
Normally, the landlord does not charge for water. In most states it is illegal for landlords to charge their tenants separate utilities. However, the landlord can have utilities in its own name, the bills of which can be passed over to the tenant for payment. Also the tenant is not allowed to charge for water and sewer to tenant of multi family attached units (such as apartments).
Speculatively speaking, it is likely that the following is true: If the water heater is provided by the LL then the landlrod is responsible for damages. If the water heater is owned by the tenant then the tenant is responsible for damages.
No, this is considered an unconscionable clause. You're under no obligation to correct his broken fixtures unless you broke them through you or another persons negligence. The reason a court would not enforce this provision is because you have no idea the condition of the water heater, how long its been in the apartment, it's repair history, etc.
Yes--as long as that is a part of the rental agreement.
Okay, we need to compartmentallize here: 1. The house is being foreclosed 2. There are things that need to be fixed here and the landlord promised to fix them Issue number 1 is between the landlord and his lender, not the tenant. So as long as the landlord has control of the property, he still can collect rent from the tenant and evict the tenant for non-payment of the rent or for other violations of the terms of the lease. Issue number 2 is between the tenant and the landlord. If the tenant needs repairs to the home that is vital to living in the home, such as water heater problems, then the tenant has the option of having the item(s) repaired and the rent offset by those expenses, or terminating the lease by moving out if the situation is inconducive to living in the unit. If the tenant chooses to repair the items then he must give the landlord a notice of at least seven days before the next rent is due that he will do such repairs and offset the rent accordingly. The tenant must then turn in receipts to the landlord in the amount of expenses, and pay the remaining amount of rent. The repair must not be frivolous, and of reasonable costs. The tenant may not charge for his own labor.
They should be replaces every 5 years to ensure energy savings.
Well if a landlord can't turn off the water he must also be handicapped. There are no winners in this situation! Answer#2: I'm no lawyer and I know California law better than Texas law but here's my thinking. There is a broad principle in landlord-tenant law that says the landlord cannot take eviction steps (like this) without approval from the courts. So the tenant could probably go to court and force the landlord to go through all the pain of the eviction process. Or they could pay the rent or leave. The first answerer was right, there can be no winner at this point. No tenant has the right to stay when they cannot pay and the landlord must follow the law.