QUESTION

Can I sue my landlord for constantly not having electricity and gas?

Asked on Nov 08th, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
Before we moved in we had a conversation about the rent, electric and gas payments. The landlord said that electric and gas bills were all incorporated in the rent. We often don't have electricity and gas. All the control switches are in the basement which is a bedroom rented out. Can I sue my landlord for not providing the needs originally stated?
Report Abuse

6 ANSWERS

Arts Attorney serving Berkley, MI at Neil J. Lehto
Update Your Profile
Failing to provide electric and gas service as incorporated in a lease is treated by the by law as a unlawful eviction for which the landlord would be liable for damages regardless of who - the landlord or the basement tenant - is turning off the switches.
Answered on Nov 12th, 2012 at 10:13 PM

Report Abuse
Dennis P. Mikko
You probably don't have a claim against the landlord. However, if gas and electric are to be included in your rent and by not supply them you right to quiet enjoyment is impaired, you may have a claim of constructive eviction and not have to pay rent. If this situation continues and especially if you are in a colder climate, gas for heat will become necessary. You may be well advised to start looking for a more reliable rental.
Answered on Nov 10th, 2012 at 5:00 AM

Report Abuse
Personal Injury Attorney serving Raleigh, NC at Maginnis Howard
Update Your Profile
Yes. You could pursue an action for rental abatement, which would be the difference between the value of the property as warranted (e.g. with electricity and gas) and its value during any period it did not have electricity and gas. Such suits are many times brought in the small claims division.
Answered on Nov 09th, 2012 at 6:09 AM

Report Abuse
Under Washington's Residential Landlord Tenant Act, a landlord is required to, among other things, maintain heating, electrical, plumbing and other appliances and facilities in good working order during the tenancy. Also under Washington law, a landlord impliedly warrants that the premises being rented out are/will be habitable. It is possible that not having electric and gas will justify your terminating the tenancy and potentially seeking a return of the rents you've been paying based on a breach of the Landlord's duties under the Landlord Tenant Act as well as for breaching the warranty of habitability.
Answered on Nov 08th, 2012 at 5:48 PM

Report Abuse
Adoption Attorney serving Mount Prospect, IL at Law Offices of John S. Young
Update Your Profile
The short answer is yes, assuming that the relief you wish in your suit is to be released from your lease. Generally, the threat of suit for a lease violation may be enough for your landlord to agree to release you from your lease. You may need litigation to obtain your securty deposit, if there was one. I assume by the wording of the question that no written lease exists which would specify that gas and electric are included in the rent payment. There may be issues of proof that the rent indeed was to include gas and electricity.
Answered on Nov 08th, 2012 at 5:25 PM

Report Abuse
Kevin Elliott Parks
Yes. Not providing essential services can be grounds for terminating your lease and recovering damages in a lawsuit.
Answered on Nov 08th, 2012 at 4:55 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters