No stove after a month!! Roomie wont sue landlord with me. Please Help! (apartments, lease)
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This is a hairy situation for me and I apologize for the length.
Basically, me and this girl I met went in on a 2 bedroom apartment. We did the walkthrough with the landlord before moving in and he said he would install our stove and kitchen cabinets prior to move in. Ok, great. She signed the lease and put down the first months rent. This was right before the holidays and my roomie left town for a solid 3 weeks. The lease and everything is under her name, so I naturally assumed she would have hooked our gas up (she moved in like a week and a half before I did). Well, she didnt. But, still no stove, so I didnt really mind. He put my bedroom shelves in so I was happy. Another week or so passes and my landlord promises he will have the stove in by the 8th. It wasnt. It has been a full month now, STILL no stove. Our landlords excuse was a complete lie and didnt make logical sense...he said he was waiting for my roomie to get heat turned on before the stove went in. We got fed up and called the gas service anyway because we couldnt shower at our place (no hot water). They were surprised we didnt have hot water though the landlord said it required the gas to work. I found through reading online about the warranty of habitability law, and although not having a stove isnt expressely written, I think it should be implied, especially since he rented us the unit promising it as coming equipped with a stove, right? Also, providing hot water IS required, according to that law.
Im VERY reluctant to pay this man full rent and discussed getting a break on it this coming month because I have had to essentially pay LA prices for a storage unit with no feasable way of cooking, storing food/cookery, or showering. I just moved in and dont want to sue/leave yet. Im paying a lot more to eat out and spending a lot on gas to sleep/shower at my bfs house (a 20 mile commute each way), where I am typing this now and practically have had to live. These expenses are directly because of his neglect. This situation has caused an untold amount of inconvenience and friction in my life and relationship. I discussed how I felt with my roomie and I offered our landlord half rent as opposed to suing him, he refused to comprimise. He said "do it, I enjoy a distraction".
Heres where it gets tricky.
My roomie fronted the rent for the first month and Im supposed to pay the second month. I have explained to her how we should not pay this man to live like squatters. We cant lose in court especially together. She's very non-confrontational and says she likes the place and wont cause trouble. This landlord has cost me quite a lot financially. I frankly dont have as much money as im supposed to give my roomie BECAUSE OF OUR LANDLORD. I intend to give her the half I offered the landlord (which i will try to recollect in court) but have nothing else to give her. We are short by over half our rent and its DUE IN 4 DAYS
The landlord is a nice dude but I feel like theres no excuse. I really do not want to screw my roomie over, I dont want her to get evicted or in trouble because we are short. I told her the situation and how I'm going to HAVE to sue to collect, and she's nervous as hell right now. I am too.
But, I see another side of this. If I were the lease-signing tenant (my roommate) I would not feel right asking for money in full on a place that is inhabitable or not comfortable, and it would be my responsibility, if not the landlords, to make sure there is a stove and heat in the place especially before leaving town. Shes never even bothered him about it once. Always me, and I look like a difficult tenant.
Please give me any advice or let me know how you would handle this...... I really do like this apartment and my roommate but I cant see any alternative than to sue since he wont comprimise. I dont know if he can evict us, can he? Im going to the courthouse today. But I also feel like this is somewhat my roommates fault as well.
thank you.
Last edited by nhopkins87; 01-11-2013 at 12:56 PM..
You are not named anywhere on the lease and have nothing in writing with your roommate? You are not happy with the current situation and want to start a legal battle? It isn't YOUR landlord. You didn't sign a lease. It is your roommates landlord. You are subletting from your roommate. You can't force your roommate to handle her business and it isn't your place to do it for her. Now, if you are named on the lease get it done. Other wise....
Walk away. There are a zillion apartments out there with a work stove.
You are not named anywhere on the lease and have nothing in writing with your roommate? You are not happy with the current situation and want to start a legal battle? It isn't YOUR landlord. You didn't sign a lease. It is your roommates landlord. You are subletting from your roommate. You can't force your roommate to handle her business and it isn't your place to do it for her. Now, if you are named on the lease get it done. Other wise....
Walk away. There are a zillion apartments out there with a work stove.
i understand, but if i just walk away shes out over $1200
i feel really bad doing that to someone....shes slightly responsible in this but a genuinely trusting and nice girl.
If I was installing a natural gas stove, I would want the gas to be turned on so I could test for leaks and be sure it was operating safely and properly. That is more something someone installing a new appliance would do.
After the appliance had been installed and then the gas later turned off, THEN the gas company would check it to be sure it was operating ok when the gas was again turned on.
So if it is a new gas range/stove, then that makes sense they would want the natural gas to be on before installing it. Is the natural gas now turned on?
Has anyone notified the landlord that the natural gas is now on?
So far as cooking without a range/stove, I can do quite a bit with a microwave and a hot plate (no restaurants necessary).
i understand, but if i just walk away shes out over $1200
i feel really bad doing that to someone....shes slightly responsible in this but a genuinely trusting and nice girl.
Well then tell her that if she can't handle this situation then you are considering moving out. She isn't doing right by you in her what will be will be stance on this.
Maybe that will spur her into action.
And that is a good point on the gas. Checking for leaks and such.
If I was installing a natural gas stove, I would want the gas to be turned on so I could test for leaks and be sure it was operating safely and properly. That is more something someone installing a new appliance would do.
After the appliance had been installed and then the gas later turned off, THEN the gas company would check it to be sure it was operating ok when the gas was again turned on.
So if it is a new gas range/stove, then that makes sense they would want the natural gas to be on before installing it. Is the natural gas now turned on?
Has anyone notified the landlord that the natural gas is now on?
So far as cooking without a range/stove, I can do quite a bit with a microwave and a hot plate (no restaurants necessary).
No, its definitely not gonna be a new range. Everything in that place is old.
And i know how expensive restaurants are so i generally keep it to buying groceries and cooking at my bfs place but now that i am split between two parts of town, i dont have the luxury of being able to make breakfast lunch or dinner at "my" place outside of frozen meals. Thus I eat out at least once or twice a day, no matter how cheap i try to keep my budget.
but the thing is (my bf is a witness too) he rented us the unit saying the stove would be IN before we got there, along with the cabinets. My dishes have been sitting on the ground as theres nowhere else to put them. I feel like im living in a 3rd world country over there.
Well then tell her that if she can't handle this situation then you are considering moving out. She isn't doing right by you in her what will be will be stance on this.
Maybe that will spur her into action.
And that is a good point on the gas. Checking for leaks and such.
Ive told her im considering moving out, but really would rather not. I told her that im going to be forced to sue and i dont want her to come out of pocket but if she refuses to take action, i can only give her what i have. Shes understandably very nervous, and I'd hate to be in her shoes but at the same time i wouldnt be ok making a subletter pay fully for such a place
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