When we moved in (in June of 2013) we were told our fireplace and chimney would be serviced by 9/15/13. The landlord didn't get a chimney sweep out to inspect it until 11/5/13. A crack was discovered in the back wall and we were told not to use it. It's now nearly March of 2014 and still no repair has been made. It's a beautiful two story stone fireplace in the grand room and we really want to use it (it was deciding factor when we were thinking of leasing the condo). Since it's not a "necessity" per se, will we be allowed to put our rent in escrow over it? We have been going back and forth since November waiting on it to be fixed. We've missed the entire winter to use it...
Family Law Attorney
No but you could talk about a reduction in rent until it is fixed and if he refuses you could talk to a local real estate attorney for other remedies allowed by the law where you live.
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Real Estate Attorney
i agree with my Colleague that you cannot escrow the rent
however, if you have a written lease then there is probably a procedure to request a repair, usually in writing and then the follow-up upon lack of repair within a reasonable time period
or go the practical route and ask Landlord if you may repair at your cost
probably not so expensive and a lot cheaper than a lawyer
Family Law Attorney
I agree with counsel, and I really don't think you have a remedy here, except give written notice as required by your lease, and move out upon termination of the lease.
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