Landlord is refusing to fix our stove. How can we resolve this?

Hi there! My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer.

Can you tell me about your situation? How long has the stoven been broken and unaddressed? When did you report this to the landlord?

Thank you for sharing those details. The short answer is yes, your landlord likely has a legal obligation to fix the stove since it’s an essential appliance.

Landlords are normally required to keep a property in ‘habitable condition’, which definitely includes cooking facilities/appliances. If a landlord does not, below are some steps you can consider taking:
1. Document the Issue: Keep a record of all communications with the landlord and any photos of the broken stove. This evidence will be important so make sure to save those text messages (maybe screenshot them and print them out).
2. Send a Formal Notice: You can send a written notice via email or certified letter that outlines the problems and requests repairs. You will want to make sure the repairs are requested in a reasonable timeframe.
3. Check Local Laws: The rights of tenants can vary by state or even city. Some jurisdictions will allow tenants to withhold rent payments if the landlord refuses to take action. Some also allow for the tenants to pay for repairs themselves and deduct it from rent.
4. Escalate if Necessary: You can escalate this situation if there is no action taken by the landlord by filing a complaint with a local housing authorities or taking other legal action.

Would you like assistance drafting a formal notice?

Of course! Here’s a template you can use:

Dear [Landlord's Name],
I am writing regarding the ongoing issue with the stove in my rental unit at [Your Address]. I first reported this problem on [Date], and despite follow-up communications on [Dates], the issue remains unresolved.
As the stove is a necessary appliance, its continued non-functionality significantly affects my ability to use the property as intended under our lease agreement. I kindly request that the stove be repaired or replaced within [Specify Reasonable Timeframe, e.g., 7 days] of receiving this letter.
If the repairs are not completed within this timeframe, I may need to explore other remedies as allowed under [Your State/City] tenant laws, including arranging for repairs myself and deducting the cost from my rent or contacting local housing authorities.
Thank you for your prompt attention to this matter. I look forward to your response.
Sincerely,
[Your Name]

Does this fit what you want to communicate?

Great question. I would be careful about stopping rent payments unless the local laws allow for this as an option. It can be allowed, but you need to make sure you are legally protected if you choose to go this route.

Here’s what you can do if the landlord doesn’t respond.
1. Repair and Deduct: Some states allow tenants to pay for the repair themselves and deduct these costs from their monthly rent payment. This typically requires written notice to the landlord beforehand and following any specific local procedures.
2. File a Complaint: Contact your local housing authority or tenant rights organization. They can help enforce habitability standards.
3. Take Legal Action: As a last resort, you can sue the landlord.

Would you like me to check your state’s laws?

California has strong tenant protections under the law. For your situation:
- Repair and Deduct: California Civil Code allows you to pay for repairs and deduct the cost from your rent if:
1. The repair cost doesn’t exceed one month’s rent.
2. You’ve given 'reasonable notice' to the landlord and given them time to fix the issue.
- Withhold Rent: California law permits withholding rent if the landlord fails to maintain a habitable property. This should be done carefully since the landlord might attempt to evict you for non-payment.
- File a Complaint: You can report the issue to local housing inspectors. They might issue a citation to the landlord which could compelle them to act.
- Legal Action: If the situation persists, you can sue the landlord in small claims court for failure to make necessary repairs.
Let me know if want more details about any of the above.

Basically yeah, but you need to do it in a way that protects you legally.
1. Provide Notice: Send communication informing the landlord you are going to set up the repairs yourself unless they fix it by a certain date.
2. Get Quotes: Get multiple quotes to show you are doing due diligence on the repair options and hiring at a reasonable rate.
3. Pay for Repairs: Pay and keep receipts. Make sure the repair company is licensed and insured.
4. Deduct the Cost: Deduct the costs from your following rent payment and send the receipts to show why the deduction was made.

If you follow the above, you will stay within your rights and also reduce the risk of conflict.

Good plan. If your landlord remains unresponsive, just follow those steps and if you have any problems - I will be available to help you further.

Awesome. If this was helpful, do you mind leaving me a review?

Thank you!