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No heat/hot water - Should I withhold rent? Help!

Posted by Doug on February 05, 2000 at 22:37:25:

I didn't have heat in my apartment for six days last month. In addition, I didn't have hot water from January 28 - February 4. I am withholding rent from January since no one at my management company will return my phone calls. All I want to do is talk about getting a credit on my rent for the six days in January my apartment was inhabitable (inside temperatures barely got above 35 - 40 degrees) but, like I said, no one will call me back. I also intend to pro-rate my rent for the 4 days so far in February when I didn't have hot water.

The question I have is this: I'm withholding rent right now. Is there any danger in that? All I want is for someone to call me so I can come to a reasonable agreement on how much I should have to pay for last month. I have documentation - registered letters, log of daily temps, three filed complaints to the Heat/Hot Water complaint line, etc - to prove that I couldn't live here. The problem is not going on any more, so I'm worried the landlord might claim he doesn't owe us anything. What should I do? I can't still file an HP action since everything works now, can I? I absolutely want a rent reduction for January due to what I put up with (not one return phone call to discuss the heat in two weeks, despite dozens of messages with the receptionist).

Thanks for any advice you can give!!!!

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