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LEASE with option to purchase Maintenance?
If there is anyone with some knowledgable advice, please let me know, on lease with option to purchase who is responsible for fixing or replacing a 30 year old furnace, that had not been maintained since i got here, and now its stopped working. my contract says to keep the property in the same condition or as good condition as it was when we moved in. I have had it maintenanced 2 times in one year, i was going to switch propane companies they wouldnt do it, because the heat exchanger was leaking carbon bonoxide poisening, Then the darned thing quit on us. Lease with option to purchase also includes moving out if something is not livable. anyway, everything is falling apart, I dont think i have to continue to be gullable because i need a place for my kids to live. To fix something up that was never kept together and that is 30 years old. Give me some good advice, they are wanting me to pay back, for the price of 2,000.00 on a heater. That went out cause of age. I have proof .
Public Comments
- The option to purchase should be a separate issue. You'll need to read your lease but the landlord is normally responsible for items such as providing heat and hot water. This is a normal thing and the landlord should repair and/or replace.
- All leases with an option to purchase that I've ever seen require the lessor to be responsible for ALL maintenance. You are BUYING the home. Read your lease, it should say who is responsible for the maintenance, but I'd bet $100 it's you.
- As I see it you have five options: 1.See the rent control board or housing office if there is one where you live 2.Send a registered letter to the building owner / administrator holding him responsible for lack of maintenance of an essential service.(you can't live in a place without heat in winter) 3.See a lawyer 4.Move out 5.If you plan to buy the building, have the furnace repaired and claim the cost from the building owner for hidden defect. For future reference, in a lease with option to purchase, the lease should clearly state who is responsible for what and for how long.
- Well, you should have done an inspection before you moved in. But I'm not gonna sit here and lecture on shoulda wouldas. I recommend you to consult a real estate attorney on this matter. But here is my opinion: since currently you are still in the lease-hold title (you're renting instead of owning), the landlord/seller is still responsible for all repairs of the major appliances and equipments. If your home becomes unlivable, your landlord would be responsible for it. The furnace should ALWAYS be taken care of by the landlords or the owners BEFORE a transfer of title (when you exercise your option to buy). It is ILLEGAL for a landlord not providing an inhabitable environment. The normal life span for a furnace should be 10-15 years, at most 20. Anything over that should be replaced immediately. If you have proof that it went out because of age, then you are good. If your landlord gives you trouble, sue him/her for providing you with uninhabitable environment. That will usually do the trick.
- You essentially agreed to BUY the property. Why would you sign an option on a house in such bad condition? If you were going to buy it right then and there would you have? People don't understand that you are buying the house. If it's a standard option agreement you are going to be responsible.
