THE VIRGINIAN-PILOT
Copyright (c) 1994, Landmark Communications, Inc.
DATE: Saturday, September 17, 1994 TAG: 9409150345
SECTION: REAL ESTATE WEEKLY PAGE: 08 EDITION: FINAL
COLUMN: Landlords & Tenants
SOURCE: William Mazel & Albert Teich Jr.
LENGTH: Medium: 74 lines
In January 1994, our heating unit stopped working. We tried for days to contact our landlord (a real estate firm). The real estate office is open to the public from 9 a.m. to 5 p.m. daily. We left messages that were never returned.
Finally, after notifying the landlord that because of his failure to repair the heater, we would have it done at his expense, we did contract with someone to repair it.
As you remember, January was very cold. While the system was down, we had to move in with family and friends because our 1-year-old son was sick.
The repairman stated that he had to replace a fan in the attic and put a kickstart on the heating unit.
They let us know that the compressor was apparently going bad and that the unit looked new and it was probably covered by a warranty when purchased. They took my landlord's number and tried to contact him but were unsuccessful.
We never were able to contact the landlord. On April 30, we went to turn on the air-conditioning and it did not work. We tried several times to get the landlord to repair the unit, but we were not successful.
We called the repairman again and he said that the compressor was gone and that it was quite expensive to repair.
After several more attempts to contact the landlord and having to stay with friends and family because the heat was so great in June, we still have heard nothing more from the landlord except for the fact that he does not want to repair anything and wants to sell the house ``as is.''
We finally rented, on a weekly basis (we could not afford to buy), a window air-conditioner. The landlord now tells us that we will not be receiving our deposit in return. We cannot afford to move at this time.
Do we have any grounds to sue the landlord for our deposit? Do we have the right to collect the weekly rental for the air-conditioner from the landlord because he would not have the air-conditioner repaired?
May we sue him for any inconvenience we have suffered by having to stay with friends and family and away from our home for a long period of time?
I have another question and that is that the landlord will not let us use the community pool.
There is nothing in our lease about it, but for the last three summers the landlord has given us the written permission needed for us to use the community pool and this year he will not. We need your help.
First of all, from the information you have given to us in your letter, yes, you are going to be entitled to your deposit at the end of the lease.
If the landlord refuses to return it to you, you have the right to sue the landlord for his return.
Secondly, we feel that since the landlord has an obligation to keep the heating and air-conditioning in proper condition, and since the landlord has refused to live up to its obligations, you should, when you sue for your rent deposit, also sue for the rental of the air-conditioner.
Thirdly, as far any any inconvenience you have suffered by having to stay with family and friends is concerned, it might very well be difficult to prove your damages.
If you can prove those damages, we think that you probably have the right to seek court aid in being reimbursed.
Finally, as far as the community pool is concerned, yes, you would have a remedy, but it would require that you go into court and sue for an injunction ordering the landlord to allow you to use the pool.
If you had the money to pay for attorney's fees in that case, you probably would have the money to move into another place and not have to put up with this type of treatment from a landlord. MEMO: Albert Teich Jr. and William Mazel are real estate lawyers based in
Norfolk. Send comments and questions to them at Real Estate Weekly, 150
W. Brambleton Ave., Norfolk, Va. 23510.
by CNB